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Full text of "Indian Recorder April June 1932"

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INDIAN RECORDER 



INDIAN RECORDER 



APRIL-JUNE 1932 



BOARD OF EDITORS 

Appointed by the Indian Journalists' Association, Calcutta. 

RAMANANDA CHATTERJEE 

Modern Renew. 
MUJIBUR RAHMAN 

Mussalman. 
BIDHUBHUSAN SEN GUPTA 

Free Press. 
MRINAL KANTI BOSE 

A. B. Patnka. 
NALINI RANJAN SARFCAR 

Bengal National Chamber of Commerce. 
ANANDAMAY DHARA 

Late of Daily Basumati and of Servant. 
KISHOREE MOHUN BANERJEE 

Industry. 



PUBLISHED UNDER THE AUSPICES OF 
INDIAN JOURNALISTS 5 ASSOCIATION 

22, RT6i KAR IfOAD,* 



PRINTED AND PUBLISHED BY K. M. JpNERJEB 

AT THE INDUSTRY PRESS, I 
22, R. G. KAR ROAD, SHAM BAZAR, QALCUTTA. 



Sole Distributors-. 

INDUSTRY BOOK DEPT., 
22, R. G. Kar Road, Shambazar, Calcutta. 



CONTENTS 

Foreword 

Chronological ^ 1-34 

Administrative & Executive 35-106 

The Reforms Issue - 35 

Consultative Committee w . 35 

Reformed Constitution by Instalments m - ^ " \^" 37 

Procedure of Constitutional Reforms **** ' * 39 

Opm'ons on the Announcement . 40 

The Ottawa Conference . 47 

Orissa Boundary Committee .. 50 

Sind Conference 56 

Retrenchment Proposals * 62 

Ordinances in Operation ' . 68 

Government Policy on Special Measures . 68 

Special Powers Emergency Act, 1932 . 70 

Bengal Emergency Powers Ordinance, 1032 #4 

Bengal Emergency Powers Rules . , 86 

Extension of Ordinances to N W F. P 88 

Politics in Bengal 89 

First Utterances of the New Governor 89 

Jail Administration . . 95 

Special Regulations for Bengal Detenus at Deoli 95 

Classification of Pol tical Prisoners . 99 

Treatment of Political Prisoners . 101 

Legislative 107-164 

[ndian Legislative Assembly 107 

Censure Motion on Government Policy . 107 

Classification of Prisoners ' 118 

Sugar Industry Protection Bill . 118 

Foreign Relations Bill . 119 

Sugar Protection Bdl Passed . 125 

India and the Ottawa Conference . 126 

Indian Air Force Bill 127 

Broadcasting Bill 129 

Bill to Validate Certain Suits . 129 

Capetown Agreement 131 

Burma and Its Financial Relations with India 134 

Council of State . * 

Bengal Detenns Transfer Bill . 138 

Bengal Legislative Council 142 

Bengal Rhinoceros Protection Bill ' . 142 

Bengal Municipal Bill . i 142 

Select Committee Reports . 145 

U. P. Provincial Legislative Council . . 149 

Immoral Traffic Bill . 149 

Women on District Boards . 149 

Immoral Traffic Bill Rejected . 150 

U. P. District Board Amendment Bill 150 

U. P District Boards Act Passed . 153 

Punjab Legislative Council - 154 

Punjab Municipal Amendment Bill i 154 

Anti-Picketing Bill and Molestation Bill 154 

Classification of Prisoners, ^ J 155 

Reduction of Crops Dues and Railway Freight 155 

Punjab Municipal BiH - - 156 

Frontier Legislative Council 157 

First Elections in N.-W. F. Provinces . 157 

Inauguration of the Council }57 

The First Session - 158 



(vi) 

Parliamentary 1*5-1*4 

India in Commons 165 

R. T. C Committee Report* "5-232 

Indian Franchise Committee's Evidences and Report - 185 

Federal Finance Committee Report ... 2^ 

Indian Federation 233-237 

Princes and Federation 233 

Communal 238-255 

Hindu-Moslem Communal Tangle . - 238 

Sikh Attitude on Communal Question .- 251 

Rajah-Moonjee Pact 251 

Congress and Conferences 256-287 

Congress and C. D. Movement 256 

Renewal of Civil Disobedience . . 256 

The 47th Congress Session . . 263 

Provincial Conferences r ' . - 267 

1 District Conferences .. - 269 

National Week , .270 

Raid on Wadala Salt Depot , . 270 

Convictions, Fines, Forfeitures, etc. .. 270 

Peace Talks ~ 271 

Political Conferences ... - 272 

Alt- India Moslem League . - 272 

All-India Moslem Conference - 274 

European Association . < 276 

U. P. Liberal Association . 277 

Indian States .. 278 

Kashmir Grievances Enquiry Committee .- 278 

Kashmir Constitutional Reforms Committee . 282 

Bhopal State - - 285 

Law Cases 28MOO 

Notable Trials . - 288 

Meerut Trial . 288 

Other Trials . 296 

News of the Quarter 301-318 

Burma Electoral Rolls 301 

Educational . 301 

New Curriculum for Matriculation Examination p. 302 State Faculty of 

Ayurvedic Medicine p. 303^-Deprovtncial Nation of Government Schools 
p. 303 -Physical Education in Bengal p. 304 

Riots and Crimes 304 

Labour 308 

Trade Union Movement p. 308 Child Labour in India p.* 309 Hindu & 
Sikh Representation on Railway Services p. 309 General Strike* on Rail- 
ways p. 310 

Trade and Industry ' .... 310 
New Loans p. 310 Bengal Jute Crisis p. 31 1 Protection for Textile In- 
dustry p. 311 Salt Conference p. 311 Buy Indian Leagues p. 312 

Indian States Enquiry Committee 312 

Indian Press Act 312 

Removal of Untouchability .... 313 

Natural Disasters ...... 314 

Foreign Affairs ~- 3*4 
Disarmament Conference p. 314 Irish Oath Hill p. 316 Lausanne Con- 
ference p. 317 Independence of the Philippines p. 3t7 

Miscellaneous 317 
Indianisation of the Army p. 318 Army Retrenchment Sub-Committee 
p. 318 Shaukat Ali's Letter to Mrs. Naidu p. 318 Aden, a Chief Com- 
mtssionership p. 318 

Index 319-324 



FOREWORD 



PUBLIC business and public activities have developed phenomenally in India. 
The interest aroused in public movements and the desire for accurate information 
in all matters have made an almost overwhelming call on publicists of all description. 
We have a literature of daily journalism which is growing apace, producing conditions 
similar to those that have made the periodical publication of law-reports an indispens- 
able aid to lawyers. The profession of journalism, to which we have the honour 
to belong, feels that it has become almost impossible for it to keep pace with the 
requirements of a daily increasing volume of public work without some such aid as 
has been made available to the legal profession. But as journalism covers interests 
far wider than those of the legal profession, the aid in the shape of a periodical 
reference book will be found useful to a circle far larger than the journalistic 
profession, in fact, the circle may be practically as wide as the educated public. 

THE INDIAN JOURNALISTS' ASSOCIATION has taken upon itself the task, by no 
means easy, of satisfying a need that has become almost overwhelming. The 
INDIAN RECORDER, which is proposed to be a quarterly publication containing a 
variety of information on matters of public interest, is intended to be a Reference 
Book helpful to publicists, members of the legislature, students, businessmen and 
members of the general public. 

An attempt has, therefore, been made in this volume to provide a helpful digest 
of the outstanding, events of the quarter both in British India and in the Indian 
States. The constitutional and communal issues before the country have been 
presented with leading opinions on the subject; the proceedings of the Central 
and Provincial Legislatures and those of the Houses of Parliament in connection with 
India have been incorporated; the progress of the civil disobedience movement and 
the working of the ordinances in operation have been recorded; the reports of the 
various Committees published during this quarter have been summarised; the notable 
law cases have been enumerated; the principal resolutions adopted in the various 
political conferences held during the quarter have been embodied; finally, a chapter 
has been added to briefly deal with the news of the quarter bearing on education, 
riots and crimes, terrorist movement, labour, foreign affairs, trade and industry, 



(viii) 

movements for social upliftment, proceedings under the Indian Press Act, 
Indianisation of the army, natural disasters, etc., etc. In short, in the light 
of our experience as journalists who have constantly to look to sundry reference 
books for our daily work, we have tried to make the publication useful by including 
in it the maximum of valuable information within the limits of space available. 

The delay in bringing out the first issue, which we regret, is mainly due to 
revisions of plan. Arrangements have, however, been made to bring out the 
subsequent issues regularly. Inspite of our best efforts defects may have remained. 
We shall welcome suggestions for improvement and hope to make the publication 
increasingly useful in the lighc of the criticisms and suggestions which we may 
receive. 



20th Sept., 1932. 

RAMANANDA CHATTERJEE 

MUJIBUR RAHMAN 
BlDHUBHUSAN SEN GUPTA 
MRINAL KANTI BASU 
NAUNI RANJAN SARKAR 
ANANDAMAY DHARA 
KlSHOREE MOHUN BANERJEE 



INDIAN RECORDER 

CHRONOLOGICAL. 



APRIL 1, 1932. 

Indian The Chamber of Princes accepts resolytion that Rulers of Indian 
States will join the All-India Federation. Princes fajl to agree in regard to 
the allocation of seats in the Federal Legislature^and arbitration by the crown 
is suggested. Liberal Federation of India's memorandum strongly opposes 
the group system of election. A Bill to give wider powers to Municipalities 
is introduced in the Bengal Legislative Council. The Assembly discusses 
Government Amendment to the Foreign Relations Bill. Lord Lothian with 
all members of the Indian Franchise Committee arrives at Lahore from Delhi. 
A Government Member can not be compelled to give amswer to a question, 
says Bengal Council President. Fight between blacklegs and strikers of 
Bombay Docks results in four deaths and 40 injured. Mr. C. F. Andrews 
receives official communication from Portuguese Fast Africa that Indians 
in South Africa are hard hit by the new ordinances. 

Foreign Britain's financial year ends with a surplus of 364,000. 
Twenty-one members of the Empire of India Society, among whom are 
Sydenham and Sir Michael O'Dwyer, in course of a letter to the " Morning 
Post ", say " Scrap the Federation and go back to the Simon Report." 
Mr. Peter Freeman, ex-M. P., makes interesting disclosures regarding 
" Official Mind " in India- in course of his address at the Livingstone Hall. 

APRIL 2, 1932. 

Indian The assembly passes (1) the Foreign Relations Bill and (2) the 
Sugar Protection Bill. Government issues communique on the political 
situation in Madras Presidency during March, 1932. 1,500 houses are blown 
off and 10,000 people rendered homeless at Dacca by a disastrous cyclone. 
The members of the Lothian Committee express amusement at the way 
they are treated by officials in Lahore during their tour programme. 

Foreign Mr. Ramsay MacDonald expresses his firm faith in the future 
of Labour. A measure of protection in the shape of discriminating duties 
on certain tea imports is being urged for in, London. The League Committee 
of Inquiry issues warning of a financial collapse in parts of Europe. "Free 
trade is not dead ", declares Lord Snowden at the International Trade Con- 
ference in London. The Free State cabinet decides the outline of the pro- 
posed reply to the British note on the abolition of oath and non-payment 
of annuities. Severe fighting breaks out following general Japanese offen- 
sive against Nungan. Chinese force is determined to overthrow the New 
Manchurian Regime. 

APRIL 3, 1932. 

Foreign Preliminary conversations begin between British and French 
Premiers on the Danubian Problem. 



2 THE INDIAN RECORDER. 

APRIL 4, 1932. 

Indian " Buy Indian " processions are banned in Bombay. Bombay Dock 
strike ends. Sir Atul Chatlerjee is to lead the Indian Delegation" to the 
Ottawa Conference in July. Personnel of the Indian delegation to the Im- 
perial Economic Conference meets with general approval in the Assembly. 
The Assembly passes the Indian Air Force Bill. The Council of State discusses 
the Bengal Detenus Transfer Bill. The 47th Session of the Indian National 
Congress is arranged to be held in New Delhi, instead of at Puri, during 
the last week of April. Report of the working of the Imperial Library 
during 1930-31 is published. Aden is declared to have been formed 
into a Chief Commissioner ship from April 1, 1932. Vernacular as medium 
of teaching is recommended by the Calcutta University Special Committee. 
Bengal National Chamber of Commerce makes a statement on Salt Pro- 
tection Duty. Agha Sultan Mirza gives judgment for Prof. Sant Sayal 
in the case against Police officers in connection with the happenings of 8th 
October, 1930. Bengal, Presidency Moslem League condemns separate 
electorates and reservation of seats. The Assembly also passes the 
Broadcasting Bill. 

Foreign President Hindenburg's re-election is said to be certain in the 
German Presidential Election. There is complete unanimity in the Free 
State Cabinet on the question of the abolition of the Oath and the retention 
of land annuities, says Mr. de Valera. British and French ministers engage 
in important preliminaries precedent to the Four Power Conference. 
Mr. Stanley Baldwin urges for closer economic union in the Empire. The 
Indian Conciliation Group in London suggests ways and means to bridge 
the widening gulf between India and England. No decision is reached in 
Anglo-French discussion on the Danubian Problem. 

APRIL 5, 1932. 

Indian Terms of the new agreement arrived at between the Govern- 
ment of India and of the Union of South Africa are made public. Maulana 
Shaukat Ali addresses a letter to Mrs. Sarojini Naidu protesting against boy- 
cott of a Moslem shop in Bombay and threatening retaliation. Sir George 
Schuster makes statement in the Assembly on the financial implications of 
the proposed separation of Burma from India. The Council of State passes 
the Bengal Detenus Transfer Bill. Commending on S. Africa Agreement 
Mr. Andrews says that colour bar is very rigid there. "There is nothing sur- 
prising in holding*, the annual session of the Congress," declares Mrs. Sarojini 
Naidu. Fire destroys Rs. 50,000 worth cotton at Ahmedabad. Defence argu- 
ments are concluded and judgment is reserved in the " Gandhi Gospel " 
case. 

Foreign A Dublin message speaks of the possibility of another general 
election in the Irish Free State if the Oath is abolished. U. S. House of 
Representatives passes a Bill according to which the Filipinos will attain 
independence in 8 years. Prof. Privat of Geneva University addresses the 
Friend of India Society's monthly meeting in London and refers to the 
pathetic ignorance of the rulers in India. 

APRIL 6, 1932. 

Indian The Assembly discusses the report of the Standing Finance 
Committee on the financial aspects of the proposed separation of Burma from 
India : the debate is postponed to the Simla Session. The Budget Session 
is concluded in the Assembly. The Bombay Mills view with anxiety the 
position created by the determined competition of Japan in the Indian textile 
industry. The Council of State adjourns " sine die " after passing 4 Bills. 



CHRONOLOGICAL. I 

A terrific cycionc causes heavy damage in Tinnevelly. The Hindu and Sikh 
members of the Assembly protest against communal discrimination in? the 
railway services. The work of the Consultative Committee of the R. T. C. 
is not* "to be held up by the Government. The Jute Industry is threatened 
by a split in the Indian Jute Mills' Association. Government refuses permis- 
sion to the holding of the annual session of the Congress at Delhi. Mr. Dange 
argues his case in the Meerut trial M. N. Roy's Letter is said to be like the 
historical Zinovieff affair a mere hoax. Mr. J. C. Banerjee addresses the 
Council of State on Sugar Protection Bill. 20 new sugar factories are 
stated to have been started in N. Bihar. 

Foreign The Secretary of State for India, speaking* in the House of 
Commons, refers to general improvement in the Indian situation. The Cos- 
grave party protests against Mr. de Valera's policy. Police seize documents 
which reveal Fascist plans to assume control of Germany in the event of 
Herr Hitler being elected President. Latest report from Shanghai indicates 
that agreement regarding evacuation of troops may soon be reached. The 
trend of Anglo-French talks in London pleases the French Press. Auditors 
checking the books of Kreuger and Toll make sensational disclosures, for 
instance, non-existent assets are seen put down in the company's books. 
Mr. de Valera's reply to the British Note is considered by a special Cabinet 
Committee. 

APRIL 7, 1932. 

Indian- Sir J. D. Sifton assumes charge of the Governorship of Bihar 
and Orissa. General elections to the first Frontier Legislative Council begin 
and for the first time in India polling at night is allowed. Preparations for 
holding the annual session of the Congress at Delhi shall proceed, says 
Pandit Malaviya. Mr. Bipin Bihari Das is to manufacture the first motor car 
to be made in Calcutta for the Calcutta Corporation. The Governor of 
Bengal replying to the address by the Indian Association defends the policy 
adopted by the Government and says, " Administration is to be carried on 
at all costs/' 

Foreign The House of Commons speaks of protection for British finan- 
cial interests involved in an Argentine traffic combine. " Daily Mail " congra- 
tulates Government of India on its decision in regard to Congress. The 
Lotteries Bill is shelved for the present session. French Press is delighted 
at the trend of Anglo-French talks in London the Powers are to aid the 
distressed Danube States. Shares of companies under control of Kreuger 
combine fall heavily *as a sequel to the auditors' disclosures of Kreuger's 
financial manipulations. The Japanese Ambassador in London gives an 
exposition of recent events in the Far East. Mr. A. V. Alexander, Member 
of the late Labour Cabinet, writes to " Manchester Guardian ", " All talk of 
conciliation is vain unless we are ready to trust India to manage her own 
affairs." 

APRIL S y 1932. 

Indian Government of India directs the Tariff Board to hold an inquiry 
into the question of Protection for the Indian textile industry. N. W. F. 
provincial Franchise Committee is opposed to any system of indirect voting. 
"Congress session will be held/' says Mrs, Naidu. G. C. B. A. of Burma 
wires to Premier on separation issue; Burma, it says, should freely decide 
the question. Sir George Schuster visits Bombay to consult prominent 
businessmen on flotation of a new loan. Riot breaks out at Allahabad. Cot*- 
ress procession at Allahabad is charged and fired upon by Police resulting 
in injury to Mrs. Motilal Nehru and others. 



& THEINDIANRECORDER. 

Foreign The Free State's reply is, in some quarters, thought to be 
more in the nature of a manifesto to the people of the Irish 
Free State than a reasoned reply to Britain. The possible effect of 
Free State's action on Irishmen in services is discussed in the British Press. 
Imperial Airways and Pan-American Airways officials discuss the proposed 
Trans-Atlantic Air Service. A convention signed by Russia- and Afghanistan 
is to result in speeding up air mails to India across Russia. The Four Power 
Conference in London breaks up, unable to agree on a plan for the economic 
rehabilitation of the Danubian States and further deliberations are to be 
carried now to Geneva. Miss Muriel Lester of Kingsley Hall Bow, the hostess 
of Gandhi ji during his stay in London last year, completes her book on 
Gandhi ji. Mr. Polak, in a letter to the Times, refutes the assertion of 
the paper's Indian correspondent that the Government has been able to 
retain the full support of the Indian Moderate. Prof. Private of Swiss 
University addresses members of Parliament on Indian Situation. Sir Samuel 
Hoare appeals to Indian youth. 

APRIL 9, 1932. ' ' 

Indian Pandit Jawaharlal Nehru's car is sold to realise fine imposed 
on him and pay arrears of income-tax left by the late Pandit Motilal Nehru. 
Governor of the Punjab visits Kangra and replies to addresses. His Excell- 
ency Sir John Anderson receives addresses from various associations and 
public bodies of Bengal. Dr. Ambedkar releases for publication the private 
correspondence between himself and Mr. Jadav and Mr. Gavai. Detailed 
account of Allahabad disturbances are published. 

Foreign President Hindenburg is expected to be re-elected. American 
rubber interests suggest the appointment of a director to help the industry. 
The Reichsbank reduces its discount rate from 6 p.c to Si p.c. The Fascist 
Grand Council in Rome criticises the League of Nations. The British reply 
to Irish Note is despatched. Sir K. V. Reddi speaks of the difficulties of 
Indians in S. Africa. It is rumoured that Sir Samuel Hoare will meet Indian 
provincial heads in London. 

APRIL 10, 1932. 

Indian The report that provincial Governors have been invited to 
attend a Conference in London is regarded as fantastic in Delhi. The Tariff 
Board issues a communique on the cotton industry's claim for protection. 

APRIL 11, 1932. 

Indian District Magistrate of Allahabad issues curfew order. Official 
report discusses possibilities of developing sources of salt supply on the 
Bihar and Orissa coasts. The Indian Franchise Committee assemble at Simla 
to draft their report which is expected to be unanimous. The Viceroy is 
to perform the inauguration ceremony of N. W. F. P. Council on 20th April. 
Dr. B. C. Roy is elected Mayor of Calcutta. Dr. Tagore flies to Persia by 
mail plane at the invitation of Reza Khan, the Ruler of Persia. The Finance 
Member is optimistic of trade recovery. On behalf of the Buy Indian League 
of Bengal Sir P. C. Roy appeals to buy nothing but Swadeshi. Mrs. Naidu 
or Mrs. Zutshi, who is to be the Congress Dictator ? becomes a matter 
of controversy due to a misunderstanding. 

Foreign Hindenburg is re-elected President of Germany. Republican 
Government refuses permission to the Chinese member of the Commission to 
enter Manchuria and consequently League's Manchurian Commission is 
threatened with breakdown. Allegation of mismanagement is made against 
the International Match Corporation of U. S. A. The British reply to 



CHRONOLOGICAL. 5 

Ireland says that Ireland's actions anent the Oath and Annuities question 
will mean " Repudiation'" of the Treaty. Mr. de Valera demands complete 
equality. Gen. Hertzog strives for Empire Unity. Congress flag flies in 
London and protests are made against repression in India. Series of inter- 
pellations are made in, the House of Commons on the present situation in 
India. A Scientist in London discovers the richest sources of vitamin in 
Indian mango. 

APRIL 12, 1932. 

Indian The Select Committee to consider the Bill to amend the Ancient 
Monuments Preservation Act publishes its report. Bengal Education 
Minister defends the present Governmental control of schools and colleges. 
The Annual Meeting of the Bengal Branch of the Anglo-Indian Association 
reveals the acute economic position of the Anglo-Indian community. The 
Bombay Government is carrying out experiment to export, on a large scale, 
mangoes to England. Messrs. Tata & Sons Ltd. propose to inaugurate an 
Air Service between Karachi and Madras on September 15 next. Delhi 
Congress is banned. Over 100 detenus are transferred to Ajmer. 

Foreign Text of the correspondence between the British Government 
and the Irish Free State is published. Questions are asked in the House 
of Commons regarding the Indian Medical Council Bill. Sino-Japancse nego- 
tiations for armistice are postponed indefinitely. United States' proposals 
for disarmament are placed before the Disarmament Conference at Geneva. 
A great earthquake occurs in S. America with volcanic dust clouds as big as 
England. Manchuria is proclaimed an Independent State in Mukden. Sir 
Samuel Hoare reviews the Indian situation in Commons and concludes that 
Ireland's conditions are prevailing in Bengal and Bombay. Replying to a 
question he states that the Government of India considers proposals for re- 
placing the five British District officers who were victims of the terrorist 
movement in Bengal by military officers. 

APRIL 13, 1932. 

Indian. The meeting of the Consultative Committee, originally fixed for 
an early date in May, is postponed to May 23, 1932. His Excellency the 
Viceroy frames agenda list for the next session of the Consultative Com- 
mittee. Further details of banning of Congress Session are published. Fire 
is set to letter-boxes in Allahabad. Mrs. Nehru replies to District Magis- 
trate's Communique regarding the circumstances in which she was wounded. 
Dr. Mukerjee, defending himself in Meerut Case, says that he Iris no 
complicity with communism. The establishing of special courts in various 
Railway centres in U. P. is suggested to deal with purely Railway cases. 

Foreign " What Irish men outside the Free State think " is discussed 
in a letter signed " M. F. O'Dwyer " in London Times. Results of the new 
fiscal policy in Britain are a heavy drop in imports and a substantial rise in 
exports. Mr. Lloyd George finds himself in entire agreement with the 
Dominions Secretary regarding the Irish Question. Eight volcanoes are in 
eruption in S. America. Rubber Plantations in the Dutch East Indies close 
down. Mr. Litvinoff, the Soviet Representative, presents scheme for reduction 
of armaments before the Disarmament Conference. Irish Free State officials 
are taken by surprise by the existence of an annuity agreement concluded 
in 1923. Fresh development in the Irish situation arises from the despatch 
of Mr. Thomas's Note. The Powers' Experts purpose to report early on the 
Danubian Problem. A Japanese troops train is bombed. The Oath is no part 
of the Treaty, says President de Valera in course of an interview with 
Mr. Dingle Foot, M.P. 



THE INDIAN RECORDER. 

APRIL 14, 19*2. 

Indian. The B. B. & C I. Rly. workers decide on a general strike. 
Bengal National Chamber of Commerce presents address to the Governor 
of Bengal. At the annual meeting of the Punjab Chamber of Commerce, 
Mr. H. Taylor speaks on the effect of the new taxes. The Viceroy defends 
the manner in which the powers granted by the Ordinances are being exer- 
cised. The deputations of Moslem organisations wait on the Bengal Govern- 
or and submit the community's demands. The move to import foreign 
cotton into the port of Bhavnagar threatens Bombay's cotton trade. The 
yearly report on Administration in Baluchistan gives lists of tribal feuds. 
The Chinese leave Calcutta victims of slump. Balaghat gold mines close 
down and employees are given notice. Bihar's Education Minister presides 
at the annual diploma and prize giving of the Bihar and Orissa Veterinary 
College and emphasises the need to improve the livestock of the country. 
The India Office have issued a complete denial of reportsi regarding Gandhi's 
release, says an Associated Press message from Simla. 

Foreign Parliament Discusses the question of Ceylon prison reforms. 
Italy supports the U. S. A. disarmament proposals at Geneva. Second read- 
ing of the Sunday Cinemas Bill is passed by the Commons by 235 votes to 
217. A Japanese elder statesman outspokenly criticises the ^ attitude of the 
League towards Japan. Prof. Privat is thoroughly disappointed about the 
success of his mission. Lord Craigavon interviews Mr. Thomas, the Domi- 
nion Secretary. President Hindenburg orders the dissolution of Herr 
Hitler's private army of 400,000 men. 

APRIL 15, 1932. 

Indian Sugar import at Karachi shows a heavy decline during 1931-32. 
Excise Revenue in Bombay drops by Rs. 88 lakhs. Fifteen lives are lost and 
5,000 families rendered homeless by floods in S. India. Government declares 
reward of Rs. 2,000 for information regarding the throwing of bomb at a 
constable during the Allahabad riots. List of candidates is returned for the 
First Legislative Council of the Frontier. Fire arms are captured from rebels 
in Burma. Lahore paper's suggestions regarding postponement of Con- 
sultative Committee are refuted. Train outrage near Allahabad results in 
the death of the mail sorter. The Commissioner of the Presidency Division, 
Bengal, opens the 5th annual conference of the Union Boards of 24-Paraganas 
at Alipore. Dr. Kitchlew is served with restraint order. The Federation 
Scheme of India's Constitution evokes Anglo-Moslem opposition. Strange 
tales about Bengal Terrorists are given publicity to by a'special correspondent 
of an English newspaper in the British Press. In a letter to a friend, 
Sj. Subhas Bose tells of his life in jail. 

Foreign Mr. Runciman claims success for the new fiscal policy of the 
National Government. Lord Craigavon is perfectly satisfied with Mr. J. H. 
Thomas's assurance regarding the Free State dispute the Oath Abolition 
Bill is to be amended. Five hundred armed, police raid Munich headquarters 
of the " Nazi " organisation. A serious outbreak of rioting by unemployed 
of Auckland (New Zealand) is reported, resulting in hundred injured, 
windows smashed, and shops looted total damage is estimated at 100,000. 
Lord Sankey in an article in a National Labour periodical expresses the 
confident hope that the New India would at no distant date be achieved by 
the Government. Dr. Privat proposes to raise a question regarding the 
declaring of Congress hospitals illegal by the Government of India at the 
International Red Cross headquarters. The Director of International Labour 
Office presenting his report to the 16th session of the Conference which 
opened at Geneva on 12th April points out Geneva's share in the progress 



CHRONOLOGICAL * 

made in Labour Legislation. Transvaal Indians protest against the Land 
Tenure Bill. 

APRIL 16, 1932. 

Indian The Western India National Liberal Association protests against 
the changed policy of the Government in the matter of classification of 
political prisoners. Congress meaning of Swaraj is not explicit and majority 
Government on British model is unsuited to India, says Mr. K. Chandv, 
the Vice-Chancellor of the Mysore University. The Viceroy and Lady 
Willingdon fly to Peshawar to instal Sir R. Griffith as Governor of the N. W. 
F. P. Darjeeling welcomes Sir John Anderson. Many arrests are made 
in connection with temple Satyagraha at Nasik. Counter-propaganda is 
launched against Congress in U. P. The South African Indian Congress 
submits a statement to the leader and member of the Government of India 
Delegation on the grievances and disabilities the^Indians there are labouring 
under. Mr. S. V. Ramamurti, Director of Agriculture, speaks about the 
development of agriculture in India, at Berh^mpore (Ganjam). Treatment 
meted out to Bengal detenus in C. P. in regard to food and exercise is a 
matter of public anxiety. General examination is proposed of the question 
of revision of rates of pay of All-India services. 

Foreign The Admiralty modifies the status of Officers of the Royal 
Indian Marine. Opinion in London City is divided on the amount of duty 
to be placed on tea. A British cruiser is despatched to Amoy, in anticipation 
of Communist advance on Chang-chow. The Japanese Delegation at Geneva 
is instructed from Tokyo not to attend the session of the League Committee. 
Kreuger and Toll directors are arrested on charges arising from the Kreuger 
affairs. A great deal of the trouble in India is due to economic depression, 
declares Sir Stanley Jackson at an interview in London. 

APRIL 18, 1932. 

Indian The first session of the Frontier Legislative Council begins at 
Abbottabad on May 20, 1932. The All-Bengal Namasudra Association at its 
annual conference in Calcutta condemns Congress attitude towards the 
depressed classes. One person is killed and a number wounded and injured 
in Hindu-Moslem riots in Bengal during the Id Festival. End of the Daska 
dispute is stated to be in sight. The Viceroy instals Sir Ralph Griffith as 
Governor of N. W. F. P. Seventeen workers are reported to have been 
asphyxiated in a mica mine in Bihar. A significant statement is made by 
Lord Lothian who stresses the need of unanimity. Death sentence is 
passed on Patna anarchists. Burma rebel leaders surrender. A Police Sub- 
Inspector is attacked in Bombay. A kalis march in procession defying order 
under section 144, and 92 are arrested in New Delhi. Burma Government 
replies to G. C. B. A.'s appeal and says Athins are rebel associations. Full 
text of judgment appears in the seditious Clay Models Case. Sj. Kishorilal 
Ghosh, in course of his defence in the Meerut Case, gives the basis of Trade 
Unionism, Discovery of pork in mosque leads to a scuffle between Hindu 
and Moslem mill-hands at Chinsurah. Further details of the bomb explosion 
at Dacca are published. Asst. General Secretary to All-India Depressed 
Casses Association in a press statement states why depressed classes demand 
joint electorates. 

Foreign Tariff increases and reimposition of tea duty are forecast 
in the Budget to be introduced in Parliament. Death is reported of Sir 
Patrick Geddes. Grave charges are made against three Directors of 
the Kreuger-Toll Combine. Moratorium for German long-term credits is 
being talked of. Ethiopia promises freedom for Abyssinian slaves. 



* TH6 INDIAN RECORDBft. 

Mr. Hoover is a candidate for U. S. Presidential Election. U. S. exports 
show a heavy decline. Geneva discussions turn out abortive no decision 
being reached on Shanghai evacuation. President Hindenburg does not 
intend to allow any " private troops f> . 

APRIL 19, 1932. 

Indian Signs of revival of Civil Disobedience are reported in certain 
areas of the Madras Presidency. Two Burmese rebels are sentenced to death 
and 40 transported for life. Working of the District Boards of Bengal in 
1930-31 is reviewed. The States Inquiry Committee sails for England on 
April 30, 1932. A Gazette Extraordinary declares the Delhi Congress 
Reception Committee an unlawful association. Mrs. Naidu declares for 
the defying of the ban on the holding of the Congress session at Delhi. 
The Pioneer of Allahabad comes under new syndicate. State railways 
earnings decrease by 8 crores. 

Foreign Mr. Ramsey MacDonald's physicians* allow him to leave for 
Geneva. Proposal for disarmament by stages finds general acceptance at 
Geneva. The financial agreement between Britain and the Irish Free State 
is issued in the form of a White Paper. A Stockholm newspaper suggests 
that large sums of money which had disappeared from the assets of Kreuger 
and Toll were used by Kreuger himself. War clouds appear again in the 
Far East as a result of tension between Japan and the Soviet regarding 
recent incidents in the Manchuria Republic. Mr. N. Chamberlain presents 
the National Government's Budget in the Commons and urges for preference 
for Empire Tea. Shanghai situation continues to be tense and no settlement 
is reached at Geneva. Payment of Land Annuities and Irish Free State's 
undertaking and the 1923 Agreement are subjects of intense and continued 
controversy in interested quarters. 

APRIL 20, 1932. 

Indian The Viceroy inaugurates the Frontier Council. The Frontier 
Crimes Regulation is suspended for one year. A communal clash occurs 
in Bombay and the police open fire and about 40 are injured. Bengal 
Government makes rules regarding petitions by prisoners to Governor-in- 
Council. Working of the Bengal Irrigation Department is reviewed. Mrs. 
Naidu is served with a police notice at Bombay forbidding her from leaving 
the city without permission. The District Magistrate and the Superintendent 
of Police give evidence before the Commissioner on Allahabad police firing 
during the recent Allahabad riots. Non-official witnesses do not appear at 
the Commissioner's inquiry into the Allahabad firing; official witnesses 
justify firing. The tea duties give general satisfaction in CHve Street. 
European's task in the future constitution of India is the subject of 
|$r. Villier's speech at his farewell function in Calcutta. In course! of his 
atddress at the annual meeting of the Karachi Chamber of Commerce the 
Chairman draws attention to the drop of Rs. 11 crores in Karachi's trade. 

Foreign Official documents place beyond doubt that Kreuger committed 
suicide. Reliefless nature of Mr. Chamberlain's Budget arouses disappoint- 
ment throughout the country. Disarmament Conference Committee passes 
resolution on armament reduction. Japan is said to be not in a mood to 
abide by Geneva resolutions " Hands off Shanghai ," says she. 

A^RIL 21, 19)2. 

Indian Bihar Agricultural Research Committee recommends two re- 
search schemes to the Imperial Council of Agricultural Research for financial 
help. The King sends his message to the Frontier people and the Viceroy 



CHRONOLOGICAL * 

speaks at the inauguration of the Frontier Council. Mr. Shaukat Ali marries 
a Yorkshire girl at Bombay. Agreement is signed between Government and 
Messrs. Tata & Sons Ltd. for the operation of a weekly air mail service 
between Karachi and Madras from September 15 next. Clancy Commission's 
proposals are published. Mr. Villiers leaves for England on doctor's advice. 
Tense situation prevails in Bombay where a Communal Peace Conference has 
been called. Office of the Reception Committee of the 47th Indian National 
Congress is declared a notified place. Indian Christians in Nizam's State 
stand by Joint Electorate, Who stoned the police during the recent 
communal clash in Bombay Hindus or Moslems ? Big Brother's allega- 
tions are refuted by the Police. 

Foreign Trade improvement in Britain is indicated by new undertakings 
and extension of business. Mr. de Valera moves in the Dail the first reading 
of the Bill to abolish the Oath of Allegiance. The brewery, tea and artificial 
silk sections are affected most by the British Budget. Mr. Baldwin reiterates 
the contingency of a second Budget. In a broadcast speech the Chancellor 
of Exchequer reviews the Budget position. French and German newspapers 
comment on Britain's Budget. Japan categorically denies the Soviet allega- 
tion that Japanese troops and white Russians are working in collusion in 
Manchuria. The Nanking Government accepts but Japan objects to the 
draft resolution of the League on Shanghai. Approval of the principle of 
qualitative disarmament is reported from Geneva. Commerce Chambers 
offer to co-operate in the solution of the Danubian crisis. Cape Town 
Conference, which concludes, suggests important modifications on the Land 
Tenure Bill. 

APRIL 22, 1932. 

Indian Mrs. Sarojini Naidu, acting President of the Congress, is arrested 
on way from Bombay to Delhi. Notice is served on the Chairman, Reception 
Committee of the 47th Congress Session, ordering him not to leave Meerut; 
9 arrests are reported, among whom are secretaries and members of the 
Congress Committee. Deposing in the big Counterfeiting Case in Allahabad, 
Calcutta Mint Official describes the history of Murshidabadi coins. The 
District Magistrate of Karachi issues statement regarding the whipping of 
insubordinate prisoners. About 3,000 workmen connected with Calcutta's 
umbrella trade go on strike. Delhi cloth merchants are not to participate 
in " hartals/' notice to that effect being already served upon 7 prominent 
cloth merchants. The Punjab Hindu Sabha manifesto protesting against 
Moslem demands is published. Rival meetings are held of local depressed 
classes at Nagpur, feelings run high and shoe is hurled at Mr. Khandekar. 
Teachers are asked to speak to school boys on booklets (such as "Economic 
Depression and Civil Disobedience ") published by the Government of Bengal 
Publicity Committee. 

Foreign A White Paper announces the increased British duties on 
imports. Mr. Winston Churchill thinks that a counter-preference should 
have been arranged with India and Ceylon before restoring the tea duties. 
A curious constitutional anomaly arises out of the discovery that the Presi- 
dent of Board of Trade was not eligible to sit in the House of Commons and 
the House promptly passes a " President of the Board of Trade " Bill, 
removing the incapacity. The Iraq Government signs a contract for a 
new oil concession for 75 years. Deadlock between Japan and the 
rest of the League Council at Geneva continues. Japan proposes to 
absolutely resist any attempt to apply the Nine Power Pact in regard 
to .Manchuria, declares Japan's War Minister. Rebel successes in 
Manchuria place a considerable Japanese force- in a serious predicament. 

2 



40 THfi INDIAN -RBCOkDBft, 

Capture of Amoy by Communist forces is expected any moment. Policemen 
are badly scratched by women in a " Red " riot in New York. During the 
debate on qualitative disarmament which continues the French suggest plan 
for an international army. British proposals regarding disarmament are 
stated to have been accepted. Mr. Gandhi's portrait is rejected by the Royal 
Academy. 

APRIL 23, 1932. 

Indian A head constable is reported to have been killed and two cons- 
tables injured by prisoners whom they were conveying by train from Aligarh 
to Lahore. Mrs. Sarojini Naidu is sentenced to 1 year's simple imprison- 
ment. Pandit Malaviya is arrested at Delhi. Riot occurs in a Bihar village 
and four are injured, two fatally. P. M. G. of Bengal issues warning to 
the public in regard to the destruction of letters in Calcutta street pillar- 
boxes. As a result of the new taxation, sale of motor cars shows a consider- 
able fall. The Viceroy's Assurance regarding minority interests pleases the 
Moslems as is evident 'from Sir M. Yakub's statement in the Press. The 
Moslems, at an extraordinary general meeting of the All-India Jamait-i- 
Quret, decide against co-operation with Congress. Research at Bombay leads 
to improved varieties of cotton and wheat. In a letter to the) Press, 
Mr. Weston, Director of Industries, Bengal, states how the Government 
helps industries in Bengal. Grievances of political prisoners at Dum Dum 
Special Jail are published. Fresh lease of life is given to the Prohibitory 
Order in Chittagong. Sj. Gangadhar Rao Deshpande succeeds Mrs. Naidu 
as Acting President of the Congress. Origin of the trouble which led to the 
Khaira riot is published. Indian Christians hold divided views on the question 
of Electorate. 

Foreign The Cosgrave Party in the Dail tables amendment to the Oath 
Bill with a view to an agreement between the Free State executive and 
the British Government. Sir Philip Cunliffe-Lister is of opinion that Colonial 
trade had been a great stand-by to Britain in the past difficult years, France 
regards Britain's new tariff as excessive. Lancashire cotton operatives 
decline to discuss the proposal in regard to a cut in wages. Sir Herbert 
Wright at Rubber Growers' Association meeting speaks of the difficulties 
of the rubber industry. 

APRIL 24, 1932. 

Indian The 47th Session of the Congress is held at Delhi in spite of bans 
and lathi charges and over 400 delegates are reported to have been arrested. 
Bengal Hindus issue a manifesto on Moslems' claims. 

APRIL 25, 1932. 

Indian Ahmedabad Millowners are stated to have made a net profit of 
Rs. 28 lakhs in 1930 against fo. 67 lakhs in 1929. Sir Dorab Tata decide to 
make a gift of Rs. 3.J crores for charities and research. Bombay Government 
sets up an expert Committee to devise measures for effecting ecomonies in 
the administrative machinery. Five persons are arrested in Calcutta in con- 
nection with attempts to set fire to letters in pillar-boxes. The Conference to 
solve the deficit problem of Sind meets at Karachi. Commissioner of Ajmer 
is reported to have narrowly escaped an attack with revolver. 

Foreign Japan informs Lord Lytton that she cannot guarantee the 
safety of the League Commission in Northern Manchuria. Greece decides 
to go off the gold standard. 212 Dutch East Indian rubber plantations are 
reported to be restricting tapping. The International Tin Committee recom- 
mends a further cut in tin production of 20,000 tons per annum. A million 



CHRONOLOGICAL. 11 

persons in New York are stated to be dependent on charity. Britain 
protests against Cinema tax. A 5 per cent. 10,000,000 loan is to be issued 
at 95 per cent, by Government of India on 27th April, 1932. State elections 
in Germany result in sweeping "Nazi " gains. "Congress as a whole is not 
declared illegal," reiterates Sir S. Hoare. 

APRIL 26, 1932. 

Indian Government propose to investigate the scheme to concentrate 
anti-leprosy operations in C. P. Progress is reported to have been made in 
cotton experiments in the Central Provinces. Mysore State intends to have 
a Technological Institute. The Sind Conference discusses the limits within 
which its work should be confined. Hearing of the Charmugaria armed mail 
robbery case commences before a Special Tribunal at Faridpur. The new 
Khan of Kalat is installed by the Viceroy. Sir Osbornc Smith comments on 
the stability of India's exchange. Prof. S. K. Mitra discusses the future of 
television. Fire occurs in Burrabazar P. O. Box. In a statement on the 
Ottawa Conference the Indian Chamber of Commerce expresses its strong 
opposition to Imperial preference. 

Foreign The East India Association discusses problems raised by the 
Second R. T. C. and Lord Irwin's policy is dubbed " an appalling legacy." 
Reciprocal fiscal concessions between Burma and Lancashire are proposed. 
The General Committee of the Disarmament Conference adjourns, pending 
the classification of arms by experts. Both Houses of the British Parliament 
unanimously pass resolution providing for 150,000,000 for the Exchange 
Equalisation Account with the object of protecting sterling. Delhi Congress 
arrests lead to a statement in the House of Commons, giving reasons why 
they were made. The question of withdrawal of Japanese troops gives rise 
to a hitch and creates a deadlock in Shanghai. Full significance of the Irish 
Oath Bill is the subject of Mr. Thomas's announcement in the House of 
Commons. The Franchise Committee's plans change and the departure of 
the members for Home is postponed. 

APRIL 27, 1932. 

Indian A 32 crore scheme for irrigating one million acres in the Ceded 
Districts of Madras is proposed as a joint undertaking of the Madras and 
the Hyderabad Governments. The Viceroy replies to welcome addresses by 
Sardars of Baluchistan and the Quetta Municipality. Government of Bengal 
appoints a committee; to recommend retrenchment in the administration 
of the Province. Report of the Orissa Boundary Commission, which has 
been submitted' to the Government, is reported to be unanimous. The 
Financial Commissioner of Railways submits his memorandum on the rolling 
stock programme for 1933-34. Bengal Presidency Moslem League issues a 
statement on communal electorate and its disservices to Bengal Moslems. 
Depressed classes stand for joint electorate, states Rao Bahadur M. C. 
Rajah. The Indian Chamber protests against the removal of high-paid Indians 
from the Port Trust. Important change is made regarding sanction of 
pensions and gratuities to officers injured or to the families of those killed 
as the result of anarchist outrages. Letters are damaged in mail service 
letter-box in the Howrah Station. Trade returns of British India reveal a 
gloomy outlook. More associations are declared unlawful in Bengal. 

Foreign Mr. de Valera moves the second reading of the Oath Bill in 
the Dail and remarks that the proposed amendment of the constitution is 
no violation of the treaty with Britain. The tea duty proposals in the 
Budget are carried in the House of Commons. The question of British trade 
policy in regard to Russia is raised in the House of Commons. The result 



la THE INDIAN R E C Q ILD E R.< 

of Britain's new tariff policy is seen in 50 new foreign undertakings being 
set up ( in Britain. Mr. Thomas's recent statement in the Commons perturbs 
people in the Irish Free State. The Liberal Ministers in the Cabinet have 
every intention of remaining in the Government declares Sir Samuel Hoare. 
For the first time! since 1915 the U. S. Steel Corporation declares a quarterly 
dividend on its common stock. The Japanese undertake new operations, on 
a big scale, in Manchuria to crush rebellion. Tokyo accepts British proposal 
and the prospect of a settlement of the Sino-Japanese dispute becomes 
brighter. Moratorium to the Kreuger and Toll Combine is likely to, be ex- 
tended. Cost of Aden and India's contribution to military charges are 
subjects of interpellations in the Commons. 

APRIL 28, 1932. 

Indian Imperial Bank rate is reduced from 6 to 5 p.c. The C S. P. C. A. 
start campaign for the destruction of pariah dogs in Calcutta. Two more 
fires in pillar-boxes are reported in Calcutta. A representation of Bombay 
commercial bodies proposes tp urge Government to take measures to check 
the division of Bombay's trade. Singhbhutn and Midnapur districts are 
reported to be excluded from the new Orissa Province. H. E. the Governor 
of Bengal is to visit Simla early in May and confer with the Viceroy on 
urgent problems of the province. Trade returns of British India for March 
show a drop of Rs. 10 lakhs in imports of cigarettes. The rise in land values 
complicates the tenancy problem in Orissa. The; Finance Member speaks of 
the " brilliant success of India Loan." 

Foreign The Ottawa Conference is to discuss the question of Empire 
currency. The Commons refuse leave to introduce a Bill to amend the Par- 
liamentary Oaths Act. The Prince of Wales reiterates his appeal for 
voluntary individual efforts to aid the unemployed and their dependents. 
The German bank rate is reduced from 5J p.c. to 5 p.c. That Indian Railway 
workers often work 22 hours daily is the startling assertion made by the 
Indian Workers' Delegate at the Geneva Labour Conference. Lord Irwin 
criticises the, policy of the Congress in an address to Toronto University. 
Illness of the French Premier interrupts the Geneva Disarmament Confer- 
ence and causes much disappointment among the British delegation. Trade 
Union Congress leaders are to go, as advisers, to the Ottawa Conference. 

APRIL 29, 7932. 

Indian The Federation of Indian Chamber of Commerce is opposed to 
any commitment by India to trade reciprocity at the Ottawa Conference. 
The Viceroy returns to Simla. A Special Session of the- Assembly is talked 
of for reviving the Ordinances. Bengal Chamber of Commerce issues a 
memorandum regarding income-tax under the constitution. Long-term 
-.credit for agriculture is proposed in Bihar. As a sequel, to publication of a 
Frontier news the Free Press Editor is put on trial. Tamluk is required to 
have punitive police. 

Foreign The* Labour Leader in the Dail announces his party's intention 
to support the Oath Bill. Sir Samuel Hoare repudiates charges about the 
abuse of emergency powers in India and says that unscrupulous propaganda 
is being conducted to vilify British rule and officials. Plenary meeting of the 
League is announced to be held on April 30 to discuss the amended resolution 
ori the Shanghai situation. At the meeting of the Opium Committee at 
Geneva, Sir John Campbell complains about India's opium policy. The 
U. S. House of Representatives pass the Democratic Tax Bill. Japanese 
civil, military and naval leaders are severely injured by bomb thrown by 
a Korean, 



CHRONOLOGICAL. 13 

APRIL 30, 1932. 

Indian Government of Madras is reported to have decided to amalga- 
mate the Nilgiris with the Coimbatore district. As a measure of rural uplift 
in the Punjab, it is proposed to install loud speakers in villages for educating 
the masses. Traffic earnings of the East Indian Railway last year show a 
drop of Rs. 90 lakhs. Five persons are seriously injured in a riot in Kolhapur 
State. Temple entry agitation is started at Nasik. Every fifth battalion of 
all groups in the Indian Army possessing five battalions is ordered to be 
Indianised. A conference is held in Calcutta of Rural and Central Co- 
operative Anti-malarial Societies. Incidence of Kala-azar in Assam shows 
a satisfactory reduction during the last 2 years. Midnaporei Magistrate, 
Mr. Douglas, is shot and killed by a Bengali youth during a meeting of the 
District Board. Outside influences are supposed to be at work for the closing 
of shops for three days in the week and Government sends letter to the 
President, Bullion Exchange, Bombay, asking the members of the body to 
meet and consider steps for resuming normal business. The Railway Stores 
Purchase policy of the Government is condemned "by the Southern India 
Chamber of Commerce. 

Foreign The Ordinances are to be kept in force as long! as the emergency 
lasts, says Sir Samuel Hoare. The Labour Conference at Geneva fixes ten 
years as the age for the employment of children in non-industrial occupa- 
tions. News of the Shanghai bomb outrage is received with calm in Tokyo ; 
it is thought that the Sino- Japanese pact is not likely to be affected by it. 
Disarmament talks give occasion for a diversity of views at Geneva. Ex- 
President Cosgrave leads a bitter attack during the second reading of the 
Oath Bill. The " Economist " criticises the Government of India's dual policy 
of repression and reform. Truce is expected in Shanghai and Japanese 
forces are to be entirely withdrawn. 

MAY 1, 1932. 

Indian The proposal to make English a court language in Bihar and 
Orissa evokes protests from Bar Associations. Trade Unionism seeks to 
promote interests of workers, says Sj. Kishori Lai Ghosh in course of his 
defence arguments in the Meerut case. 

Foreign Mr. Ramsay MacDonald returns to London from Geneva. 

MA Y 2, 1932. 

Indian A severe tornado devastates a Khulna village killing four and 
injuring 160. Bihar Government orders the stationing of punitive police in 
certain villages in the Muzaffarpore district. Travancore State makes 
notable progress in education as the census report of 1931 shows. Captain 
D. P. Lambert of the Indian Military Hospital, Lahore, is attacked and in- 
jured while asleep in his bungalow in the Cantonment A Government com- 
munique gives particulars of the examination for admission to the Indian 
Military Academy to be held in Delhi in October next. Sir Sultan Ahmed 
is to officiate as a member of the Bihar and Orissa Executive Council. 
Twelve members of the board of directors of the Bombay Stock Exchange 
resign. With the exception of Sir Earnest Bennett, the! members of the 
Indian Franchise Committee sign their report. Pt. Malaviya is arrested 
and taken to Ghaziabad. Trade licenses for air pilots are proposed to be 
issued in India. Civil Disobedience arrests number 2,450 in Bombay this 
year. A lady worker dies in Sibsagar jail of sudden heart- failure following 
an abortion. Sir P. C. Ray's 70th birthday is celebrated at Lahore. Preach- 
ing boycott is " no offence ", says Mr. S. M. Kaikini, the acting Sessions and 



14 THE INDIAN RECORDER. 

Dt. Judge, Viramgaon, Ahmedabad. Sulphuric acid is discovered in G. P* 
O. letter box in Bombay. Extensive house searches are made and 35 arrests 
are reported following the murder of Mr. Douglas, the Magistrate of 
Midnapore. 

Foreign The Irish Labour Party is said to be divided on the question 
of the Anglo-Irish Treaty. M. Tardieu, the French Premier, is re-elected 
in the elections to the Chamber of Deputies. A change of Government in 
France is forecast as a result of the elections to the Chamber of Deputies. 
Mr. Arthur Henderson is optimistic about the success of the Disarmament 
Conference. How Ireland's treaty was negotiated is the subject of an 
article in the Press by the Rt. Hon. Sir Austen Chamberlain, M.P. British 
manufacturers protest against the removal of silk duty. 

MAY 3, 1932. 

Indian The Zemindars of Azamgarh, U. P., form themselves into an 
Association to help the t tenants and combat the Congress. The question of 
the division of customs receipts in Cochin port between the Governments of 
Madras, Travancore and Cochin is under arbitration at Simla. The scheme 
of constitutional advance which appears to be the most favoured in Simla is 
" Federation to follow Provincial autonomy." Pundit Malaviya criticises 
Sir S. Hoare and explains what "honourable friendship" means. It is stated 
that there is no truth in the report that the Viceroy is convening a meeting 
of Provincial Governors about the 15th instant. Lord Lothian speaks on 
the report of the Franchise Committee. Eight of the Burma rebels are to 
die and 12 to serve life sentence. Dire economic distress is said to be the 
cause of a mother's killing her baby in North Lakhimpur, Assam. 
Sentences in ,the Shambazar Bomb case are upheld by the High Court. The 
Federal Finance Committee publishes its report. Charge is framed under 
section 307 I. P. G against Ramchandra Bapat, the alleged assailant of 
Mr. Gibson, Ajmer Commissioner. The Government expresses its warm 
appreciation of the Chief Commissioner's efforts in preventing the holding 
of the Congress session at Delhi. The new amending Bill to give com- 
pensation to workmen, which closely follows many of the recommendations 
of the Whitley Commission and has already beeni introduced in the Assembly 
provides for safeguards against small employers. 

Foreign. Mr. de Valera's treaty repudiation proposals cause alarm in 
business circles in the Irish Free State. The House of Commons discusses 
the possibility of an Anglo-Danish commercial treaty. Britain watches 
financial negotiations at present being conducted by Greece and Bulgaria. 
Sir Herbert Samuel informs the House of Commons that tlie British Police 
Force is superior to all others in efficiency. Mr. Walter Runciman makes 
an appeal for the cessation of all War Debts and Reparations. Mr. Ramsay 
MacDonald undergoes <an operation on his right eye, Further hitch is 
reported in Shanghai peace talks. Important constitutional changes are 
inaugurated in Malta. The assertion of the Secretary of State for India 
in the House of Commons that it was " unscrupulous propaganda " which 
found fault with the working of the bureaucracy in India evokes a spirited 
challenge from Mr. Reynolds, President of the Friend of India Society, who 
was ready to refute Sir Samuel's charges. Mr. Frank McDermott tables an 
amendment for the Committee stage of the Oath Bill. The Manchurian 
Commission arrive at Changchun. 

MAY 4, 1932. 

Indian, A Burma Planters' Association is formed in Rangoon. Review 
of Union Boards in Bengal is published. A memorial service is held at Dar- 



jeeling for late Mr. Douglas and a condolence motion is 1 adopted at Calcutta 
Corporation meeting. Bombay Millowners complain about Japanese dump- 
ing of piecegoods at ridiculously low prices. Calcutta Corporation moves 
to restrict betting on race courses. Hail-storm and torrential rain work 
damage at Darjeeling. Assam Government fights against leprosy. Con- 
victed Congressmen total over 9,000 in Bengal Bombay Millowners write 
to Government of India on the question of Imperial Preference. India's 
Director of Civil Aviation visits Colombo in connection with a proposal of 
Air Mail for Ceylon. The Frontier Council demands the withdrawal of 
Ordinances. Trial begins of Bapat, the alleged assailant of Mr. Gibson, 
before the Additional District Magistrate of Ajmer-Merwara. The Governor 
of Bengal pays tribute to late Mr. Douglas, Magistrate of Midnapore. Fire 
is discovered in post boxes at Madura. Four Congress organisations are 
declared unlawful in Midnapore. The fact that led to the hunger strike by 
ladies in Suri Jail is published. Following ths picketing of post offices 
arrests are made in Bombay. The Ammunition Factory at Dum Dum is 
converted into a jail. Letters are damaged at*Muzaffarpur by incendiaries. 
Four Sikhs are on trial in Lahore Jail for disfiguring the Lawrence Statue. 
Ft. Malaviya is surprised at his release from Delhi jail. The crisis confront- 
ing the jute mills in Bengal necessitates wire to the Governor of Bengal. 
Sm. <Nirmala Sarkar and Sm. Jamuna Ghosh are sentenced by the Chief 
Presidency Magistrate, Calcutta, for refusing to give thumb impression. 
Mr. R. S. Pandit is sentenced to one year's rigorous imprisonment. Exten- 
sive searches are carried on in Bombay to find out men behind the Congress 
movement 

Foreign. Names of business advisers to accompany the British Dele* 
gation to the Ottawa Conference are announced in the House of Commons. 
Attack is said to have been renewed on the Irish Oath Bill when the Com- 
mittee stage of the Bill was opened in the Dail. The new tariff policy is 
to be used to safeguard British coal in foreign markets unless' conditions 
improved, says Sir Isaac Foot. The U. S. Senate Finance Committee proposes 
a tax on rubber imports. British Delegation at the Disarmament Confer* 
ence puts forward plea for the abolition of submarines. Oil shares improve 
in London Exchange. 

MAY 5, 1932. 

Indian A tornado in East Bengal takes away nineteen lives. Calcutta 
liquor interests protest against the crippling effects upon trade of the new 
taxation rates. Over 450 candidates apply for the entrance examination for 
the Indian Military Academy. Negotiations break down between the Indian 
Jute Mills Association Mills and the non-Association Mills. European tea 
planters of Travancore urge abolition of the duty imposed by the State on 
tea grown there. A conference of the Princes is to be held in Bombay 
to consider the scheme of, federation outlined in the Simon report. Acid is 
discovered in a Delhi post box. Burma rebels appeal. India and the Ottawa 
Conference is the subject of a letter written by the Indian Merchants' 
Chamber to the Secretary to the Government of India. Mr. Fazlul Huq 
becomes an advocate of joint electorate. Interesting facts regarding classi- 
fication of political prisoners are brought to light. Twenty out of 1,133 
political prisoners are placed in " A " Division in the Punjab. Kashmir 
Hindus are stated to be awaiting Government's answer while a deputation 
waits on the Prime Minister. Volunteers are prosecuted at Madaripur for 
the offence of crying " Bande Mataram." Economic distress becomes acute 
in Kishanganj due to money famine and want of buyers of agricultural 
produce. 



16 tHE INDIAN feECORDEk, 

Foreign Attention is drawn to Indian competition in the iron and stee 
industry, in a debate in the Commons. The Bill for the abolition of the 
Oath and the withholding of land annuities pass the Committee stage in the 
Dail by 77 votes to 67, Irish Labour supporting the Bill. Mr. N. Chamber- 
lain 'opens the debate on the recently imposed import duties in the House 
of Commons. The Italian Foreign Minister criticises the excessive dela> 
in the peace talks at Geneva. The Sino-Japanese truce agreement is signec 
and hostilities at Shanghai end. " Rationalisation " of Empire trade is the 
subject of the British proposal for Ottawa talks. Italy opposes British plar 
at the Disarmament Conference at Geneva. Raids by pirates are a menace 
to shipping at Shanghai. Allowances sanctioned by the Government oi 
India to Messrs. Sarat Chandra Bose and J. M. Sen Gupta form subjects oi 
comment by the "Times." 

MAY 6, 1932. 

Indian The Federal , Finance Committee publish their report in which 
federal revenue is estimated at Rs. 84,60 lakhs, and expenditure at Rs. 80,1C 
lakhs. In regard to income-tax under the Federal scheme, difficulty arises 
on the question of distribution. Sir Hubert Carr is to lead a deputation to 
Sir Samuel Hoare to re-assert the European demand for fair representation 
in future Councils. The Princes' Conference in Bombay supports resolutions 
passed at the Delhi Session of the Chamber of Princes. Congress rooms 
in Bombay are raided. Speed up reforms, observe Sir C. P. Ramaswami 
Iyer and Mr. M. R. Jayakar, in course of a statement to the Press, who are 
dissatisfied with the " desultory talks " of the Consultative Committee. The 
Punjab Legislative Council comes to the aid of distressed agriculturists; it 
proposes SO p.c. remission and reduction of railway freights on food grains. 
Tornado ravages South Bengal and harrowing details come from devastated 
villages. The Bengal Village Self-Government Bill comes out of the Select 
Committee with numerous minutes of dissent. 

Foreign The House of Commons approves the new import duties by 
405 votes to 70. China and Japan sign an agreement in regard to the 
Shanghai dispute. Britain postpones her next payment of interest on War 
Debts to the U. S. A. The coming Ottawa Conference is sought to be made 
an occasion for efforts to organise an Empire economic unit. M. Paul 
Doumer, French President, is shot at and seriously wounded by a Russian 
doctor. A potential supply of radium of great value is discovered in 
Canada. The U. S. War Department reduces their -estimates for 1933 by 
11,800,000. Senator Borah, in the U. S. Senate, outlines suggestions for 
the economic recovery of the world. British Government's policy towards 
India remains unchanged, says Sir S. Hoare. Mr. Thomas is heckled during 
the dispute over the Irish Oath Bill in the House of Commons. The Indian 
Press is responsible for " keeping up mistrust alive," says London "Times ". 
The London Chamber of Commerce expresses concern at Indian events; 
according to it trade is in danger. 

MAY 7, 1932. 

Indian Details of the scheme for harnessing the Tungabhadra river for 
irrigation purposes are published. The Bombay Government sanctions the 
formation of an Irrigation Advisory Committee. The Punjab' Council passes 
motion demanding reduction of land revenue dues. Five members of the 
Indian Central Franchise Committee sail for England. Bhai Parmanand 
denounces Congress policy in course of his speech before the Hindu Youths* 
Conference at Karachi. Acute depression prevails in the rubber industry 
in Travancore. Two members of the Consultative Committee of the Round 



Table Conference issue a joint statement appealing to the Home Govern- 
ment and the Government of India to make an early announcement on the 
communal question. Jute crisis and Government's intervention is the sub- 
ject of a statement by the Secretary, Jute Growers' Association in which the 
policy of the jute mills is termed suicidal. Congress President condemns 
the murder of the Midnapore Magistrate, Mr. R. Dpuglas* Dr. Ambedkar 
attends the All-India Depressed Classes Congress at Nagpur under police 
protection. Units are selected for Indianisation of the Army. Muslim 
demands are extravagant and unreasonable, says the Bihar Hindu Sabha. 
Sulphuric acid is discovered in post-boxes at Lahore. The Police Commis- 
sioner wants undertaking from Bombay merchants for closing shops during 
hartals. 

Foreign No " unscrupulous propaganda " is done in India, says Dr. 
Privat in a letter to the " Times " of London\ refuting Sir S. Hoare's charges. 
American statesmen pay tribute to Britain's economic recovery. His 
Majesty the King decorates Sir Stanley Jackson, with G. C. S. I. The 
Buresch Cabinet in Austria resigns. The U. S. Senate Finance Committee 
imposes a duty of five cents on imported rubber. French President Doumer 
dies of the shot wounds received by him under circumstances already re- 
ported. Sir William Vincent regrets that the first Round Table Conference 
decisions were given the go-by. 

MAY 8, 1932. 

Indian Mymensingh District Jail walls collapse against a violent gale 
resulting in warders and prisoners being wounded and killed. At a Con- 
ference at Bombay, the Princes and their Ministers decide to stand firmly 
by Federation. The Imperial Indian Association of Bombay addresses a 
letter to the Government of India on the Capetown Agreement. The Police 
firing at Allahabad on 8th and 9th April last is justified by the Divisional 
Commissioner. The Rajah-Moonje Pact is reported to have been adversely 
criticised at the All-India Depressed Classes Congress held at Nagpur, 
oppositionists being put down with Police help and supporters of joint elec- 
torate being gagged. The members of the Franchise Committee sail for 
England; Mr. Butler and Major Milner uphold dual policy. The All- 
India Hindu Youths' Conference at Karachi concludes after registering a 
vehement protest against the proposed separation of Sind which it is stated 
will endanger the position of the Hindus in Sind. 3,000 workers down tools 
in Bharat Textile MiHs. An Irish lady, Mrs. JafTar Ali, is put on trial for 
harbouring Yashpal, an absconder in the Lahore Conspiracy case. The 
autumn session of the assembly is to begin in August. The Bengal Presi- 
dency Moslem League proposes to take up Swadeshi propaganda. Ka&hniir 
Hindus express resentment against the recommendations of the Glancy Com- 
mission. Additional armed police are stationed at Cawnpore, cost for which 
is to be borne by the citizens. Phanindra Das, the accused in Midnapore 
sheeting outrage, vomits blood with sputum. Mr. Jamnadas Mehta v makes a 
statement on the question of the proposed Railway Strike. Hearing is 
concluded in Dr. J. M. Das Gupta's case and judgment is to be delivered on 
May 13 next. The Private Secretary to the Governor of Bengal writes to 
the Secretary of the Dacca District Hindu Sabha that orders have been 
issued for the supply of plain white cloth without coloured border hencet 
forth to Hindu widow prisoners. Mr. Maulanker protests against the con- 
fiscation of the Gujrat Sabha money. Begum Fatma Sharifa Izzet Pasha, 
a highly cultured and modern Arab lady, pays tribute to Mahatma Gandhi. 
The Jute Growers' Association, Bengal, views with alarm the impending 
jute crisis and suggests checks. Government sanctions the Dacca District 

3 



18 THE INDIAN fcBCOfcDEfc. 

Board scheme for improvement of cattle. Relief measures are undertaken 
by Khulna people to relieve the recent Khulna tornado havoc, Dewan 
Diamal Daulatram, speaking on the separation of Sind, points out the under- 
estimates of the Irving Committee. 

Foreign The prospect of a two months' control by ordinary, law in 
India on the expiry of the present anti-terrorist Ordinances is discounted 
in London, SOD persons are feared to have been killed by a typhoon in 
French Indo-China. The Tardieu Government is to resign as a result of 
defeat at the polls. At Shanghai, the Japanese evacuate the fighting area. 
On the question of duration of the Ordinances, Sir S. Hoare says that it is 
too premature to make a statement; circumstances prevailing in June will 
have to be considered. Sir S. Hoare expresses the hope that the Lothian 
Report will be published by the 1st of June, 1932. 

MAY 10, 1932. 

Indian Mymensingh storm takes a heavy toll; the District Jail build- 
ings collapse, and 26 are reported to have been killed and 100 injured. A 
46 lakh scheme for the supply of filtered water to Trivandrum is proposed. 
The Bihar Co-operative Inquiry Committee's recommendations are publish- 
ed. The Moslem members of the Consultative Committee agree that its 
most important work can not be tackled until the Premier has brought 
forward his communal solution. Lord Lothian issues a statement appealing 
for a united effort to make the reforms a success. 

Foreign British Foreign Office makes representations to the Russian 
Government regarding the award to the Lena Goldfields Ltd., amounting 
to 13,000,000. A special address is being moved in Parliament in connec- 
tion with the assassination of M. Paul Doumer. Violent anti-British out- 
bursts characterise the Malta election campaign now in full swing. Bri- 
tahv*France and America are asked to renew their shares of the credit 
allowed to Germany for 3 months. Albert Le Brun is elected President of 
the .French Republic in succession to late M. Doumer. 

MAY 11, 1932. 

Indian Sir Michael Keane assumes charge of office as the Governor of 
Assam. The Statesman's Simla representative comments on a scheme for 
the allocation of the States' seats in the Federal Houses. In' the Meerut 
trial the Defence counsel refers to financial help from Dundee for Bengal 
jute workers. 

Foreign France, Germany and Japan reply favourably to the British 
Government's proposals for a tentative agenda for the Lausanne Conference. 
M. Le Brun is stated to have made touching references to his predecessor 
M. Doumer, when elected as France's new President. The Japanese Govern- 
ment decides to withdraw all troops from Shanghai within a month, 

MAY 12, 1932. 

Indian^. H. E. Sir John Anderson arrives at Simla. The aims and 
objects of the Workers and Peasants Party are defended at the' Meerut trial. 
The cabinet of H. E. the Governor of Bombay is retrenched. Maulana 
Shaukat Ali speaks on the communal problem at the luncheon given by the 
Welfare of India League, Bombay. 

Foreign. Mr, J, H. Thomas warns the Free State that if the Oath Bill 
is passed, British tariff concessions would be withdrawn. A Committee is 
formed in Manchester to reorganise Lancashire's cotton industry. It is 
stated in the Commons that the question of a reciprocal fiscal policy between 



CHRONOLOGICAL. 19 

Britain and India would be discussed at Ottawa. Britain proposes the for- 
mation of a small expert committee to go into the whole problem of expen- 
diture of the League of Nations. The British Government proposes to make 
representations to the Soviet Government on instances of anti-British pro- 
paganda in India. Tea and tobacco duties are increased in the Free State 
Budget Siam goes off the gold standard in order to help the rice cultivation. 
At the Geneva Conference the inequality in Armaments is debated. 

MAY 13, 1932. 

Indian In a sensational train dacoity at Dacca the Railway guard is 
shot at and injured and Rs. 32,000 stolen. A severe cyclone sweeps over a 
part of Ceylon. The future of Government High Schools is the subject of 
an in-formal conference in Calcutta. Expansion of India's sugar industry is 
anticipated in an official forecast of production. The Consultative Committee 
session is postponed. Dr. Kitchlew is arrested on. way to Amritsar. 

Foreign. The average of wholesale prices is, said to have declined in 
Britain in April by 2.2 per cent. As a result e>f the lowering of the Bank 
rate, British securities are said to have further appreciated. The police 
invaded the Reichstag and arrested four Fascist members who ignored the 
speaker's order to withdraw from the House. Mr. Lang, Premier < of New 
South Wales, is dismissed by the Governor. Dr. Shafaat Ahmed, in a letter 
to the " Times ", says that he cannot wait for full federal scheme. 

MAY 14, 1932. 

Indian. The work of the Ross Institute, London, during 1931 is review- 
ed. The Punjab Government appoints a University Inquiry Commission 
with Sir George Anderson as President. Dr. Kitchlew is released and served 
with an order not to enter into the Lahore and Jullundur divisions. Official 
list of casualities in the Mymensingh Jail collapse is published. The Select 
Committee on the Bengal Municipal Amendment Bill makes important re- 
commendations. In Hindu-Moslem rioting in Bombay, two are killed and 
29 injured. 

Foreign. Discussion on the new Budget taxation creates angry scenes 
in the Dail. The French Government decide to tighten up their supervision 
of foreigners with a view to preventing political outrages like the assassina- 
tion of M. Doumer. The Atlantic Shipping Conference in Paris reaches an 
agreement to prevent unfair competition. Sir John Simon, during a discus- 
sion on disarmament in the Commons,, dwells upon two of the main points. 
At an East India Association meeting Mr. Whitley dwells on the evils of 
money lending among Indian labourers. 

MAY 16, 1932. 

Indian. The communal riot in Bombay continues; latest casualities 
number 51 killed, 620 injured. Thirty Congressmen are arrested at Wadala 
during the Salt Works raid. The Bengal Municipal Bill is further amended 
by the Select Committee. The Inspector of Mines gives a detailed account 
of the Bihar mica mine fire. The Railway Board seeks to revive railway 
earnings. A Delhi meeting of the Colonization Society outlines advantages 
of securing land in the United Provinces for the proposed An^lo-Indian 
colonization scheme. Convicts who escaped during the recent jail collapse 
in Mymensingh surrender. Five out of 24 accused are discharged in the 
Douglas Murder Case. Proposed 54 hour week is accepted in the Jute Mills 
agreement. The District Magistrate denies allegations of "excesses" 
against the Malabar Police. The Indian Princes meet in Bombay and dis- 
cuss the future constitution. 



20 THE INDIAN RECORDER. 

Foreign* The Bank of England announces the purchase of over 
i 2,000,000 in bar gold. Great tension is reported in Malta where steps are 
being taken to prevent election disorders. Mr. Inukai, Japan's Premier, dies 
following an attack by a man who shot him with a revolver. Mr. de 
Valera is said to be confident of the future in regard to the Free State 
problem. 

MAY 17, 1932. 

Indian Thirty-two persons, including 6 policemen, were injured in a 
minor disturbance in Calcutta on the Mohurrum day. Assam's financial 
problem presents a depressing outlook. Assam is stated to have made a 
marked progress in cattle breeding. Orissa Committee's report is to be pub- 
lished on May 26, 1932. Bombay riots still continue; casualities up-to-date 
are estimated at 75 killed and 820 injured. The Princes' demand for equal 
representation in the Upper Federal House, as disclosed in a statement after 
the Bombay meetings, leads to much unfavourable criticism in official and 
political circles in Simll Mr. Sastri, in a statement, condemns the "undue" 
hesitancy of the Princes. 

Foreign. Mr. Ramsay MacDonald, whose eye is progressing favour- 
ably, will leave for Lossiemouth on holiday to-morrow. The formation of 
a National Government in Japan is said to be the likely outcome of the 
assassination of the Premier Inukai. 

MAY 18, 1932. 

Indian Bombay riot spreads to the industrial area where 40 mills close 
down ; total casualities up to midnight are reported as 96 killed, 918 injured. 
Measures taken by the Government for relieving distress in Nadia during 
the four months of 1931 are published. Defence counsel in, the Meerut case 
denies that the Labour Conference held in 1928 in Calcutta aimed at 
capturing the Congress. The first meeting of the Frontier Legislative 
Council is held at Abbottabad. Calcutta Corporation discusses the question 
of the motor car which is being manufactured for the Corporation. An 
official announcement is made on the basis of agreement to end dispute 
in the jute industry. The U. P. Government demands security of Rs. 1,000 
from Saraswati Press (Benares). Constables who were proceeded against 
for alleged ill-treatment to women volunteers at Benares are acquitted. The 
U. P. Government is said to have made considerable revenue remissions. The 
statement issued by the States' meeting in Bombay, with regard to the 
question of allocation of seats and the relation between the States and 
the Federal Legislature is criticised. 

Foreign English daily newspapers are to be exempted from the new 
Irish Free State newspapers tax. The Premier, Mr. MacDonald, leaves the 
nursing home and returns to Downing Street. The New Zealand Premier 
states that the Singapore base is to be completed. The Japanese capture 
the principal rebel base in Manchuria where 35 Japanese have been 
massacred. The " News Chronicle " and the " Daily Mail " speak of the' need 
of settling the communal problem. 

MAY 19, 1932. 

Indian Governor of C. P. receives slight injuries by a fall at Pachmarhi. 
Communal riot in a Gurdaspur village in the Punjab results in 26 injured. 
Mrs. Jaffar Ali is sentenced to 5 years' R. I. at Allahabad for harbouring an 
absconder (Yashpal). The aims and objects of the Workers' and Peasants' 
Party are defended in the Meerut Conspiracy case. More murders are re- 
ported in Bombay riots; total number killed is 115. 



CHRONOLOGICAL. 21 

Foreign Government business permitting, Mr. de Valera, it is stated, 
will go to Ottawa Conference, Compared with the corresponding periods 
of 1931 and 1924, trade returns for the first quarter of 1932 reveal a marked 
increase in the trade between Britain and other British countries. A letter 
to the " Times " from Miss Cornelia Sorabji deals with the attitude of 
Americans to the Indian situation. Approximately 100 new enterprises have 
been or are in the process of being started in Britain, the majority of which 
are from foreign countries. A report to the League of Nations alleges that 
150 people have been killed through military action on the Kru Coast by 
the Siberian authorities. Army chiefs in Japan succeed in obtaining their 
demand for a National Cabinet. 

MAY 20, 1932. 

Indian Mr. Bipin Chandra Pal dies at his Calcutta residence. The 
Frontier Legislative Council discusses its Budget. Riot situation in Bombay 
is said to have been brought under control. Results of the States' meeting 
in Bombay are further discussed and views change and differ. Trade union 
activities are defended in the Meerut trial. 

Foreign Lord Lothian suggests that the Government and Parliament 
should decide about the new India Constitution with the least possible delay. 
The " Times " gives a very pessimistic forecast of the grave economic crisis 
in America. The British Baird system carries out in Paris a successful 
experiment in two-way television telephony. The Japanese Press and the 
public view with calm the incursion of the Army into politics. The Irish 
Free State Dail passes by a majority of 8 votes the Bill to abolish the 
Oath of Allegiance. The Chinese Communists capture a British missionary. 

MAY 21 , 1932. 

Indian Activities of the rebel outlaws in Burma are recorded. The 
Frontier Council concludes general debate on the Budget when the Govern- 
ment replies to critics. The Bengal Chamber of Commerce comments on 
the Indian delegation to Ottawa. The Indian Chamber of Commerce objects 
to one of the terms of reference to the Tariff Board in the proposed inquiry 
into the question of protection to the cotton textile industry. Bombay riots 
practically cease. Seth Ranchhodlal, who presided over this year's session 
of the Congress at Delhi, is sentenced to 9 months' R. I. for violating a 
restraint notice. The Indian Association wires to the Secretary of State 
and the Viceroy, disapproving of the proposed piece-meal establishment of 
the reformed constitution. Bihar's financial outlook, as foreshadowed by 
the Federal Finance Committee, is commented upon in the Press. Ramchan- 
dra Bapat, the assailant of Mr. Gibson, Commissioner of Ajmer, is sentenced 
to 10 years' hard labour. 

Foreign Mr. J. H. Thomas, in a speech at Hove, makes a plea for 
Anglo-Irish friendship. The Irish Free State Government is still ready to 
attend the Ottawa Conference. Kreuger's personal debts and indirect 
liabilities are estimated at 45,020,000. 

MAY 22, 1932. 

Indian A security of Rs. 3,000 each is reported to have been demanded 
from the printer and publisher of the Bombay Chronicle to be paid before 
May 31; the demand is stated to have been made in respect of an article 
by Mr. B. G., Horniman in. the evening edition of May 17 last relating to the 
Bombay communal riots. 

Foreign A message from Madrid states that anarchist outrages have 
been frustrated by the police. 



22 THE INDIAN RECORDER. 

MAY 23, 1932. 

Indian The total capital liabilities of provincial Governments to the 
Provincial Loans Fund stood at over Rs. ISO crores on March 31, 1931. Hindus 
and Moslems fight in Allahabad. Bombay resumes normal conditions and 
the history of the communal riot is officially summarised. The Salt 
Conference,, it is stated, is to begin in Simla to-day. An official statement 
is made on the flogging of prisoners in Karachi. 

Foreign The City Correspondent of " Times " discusses the possibility 
of war-loan conversion at an early date. Sir Samuel Hoare declares in the 
House of Commons that the Congress "volunteers" during the Bombay 
riots were " a public danger and a public nuisance." Japan endeavours to 
arrange a Five Power Conference to discuss the situation in China. Mr. 
de Valera replies to Mr. J. H. Thomas. 

MAY 24, 1932. 

Indian The Select* Committee makes two important changes in the 
Bengal Municipal Amendment Bill. Congress plans to hold the Kisan Con- 
ference at Allahabad are frustrated by the police. Mr. Stapleton, the Station 
Director of the Indian Broadcasting Service, discusses broadcasting problems 
in course of an address to Calcutta Rotarians. A cyclonic storm breaks out 
in parts of East Bengal and houses at Noakhali are blown away into the 
river. Bombay is quiet again with military posted in the riots area. 

Foreign Devastating floods occur in Britain; towns and villages are 
isolated and four persons are reported to have been drowned. In his/ Empire 
Day Message, Canada's Premier deals with the question of the revival of 
trade and the possibilities of the Ottawa Conference. 

MAY 25, 1932. 

Indian The Orissa Boundary Committee's report is published; it shows 
that the Province of Orissa can be created with an area of approximately 
33,000 sq. miles and a population of 8,277,000 persons. Bengal leper popula- 
tion is said to be on the increase, being 34 per cent, more than ten years 
ago. The Government takes its stand against the quota system at the Salt 
Conference at Simla where the fear of monopoly in the industry became a 
live issue. The smaller States resent the distinctions made in the proposed 
Federal Legislature between them and the bigger States, and the Raja of 
Sarila, in a statement on the R. T. C. and the Consultative Committee, 
draws attention to the matter. The Opposition group, with Nationalist 
members, walk out of the Frontier Council during the debate on grants 
for Police. 390 " Red Shirts " are released from Haripur Jail. The U. P 
Depressed Classes repudiate the Rajah-Moonjee Pact. 

Foreign Sir Basil Blackett, speaking at the East India Association, 
dwells on India's future financial problems. The U, S. A. enters into agree- 
ments with debtor European countries regarding repayment of war-debts. 
Mr. de Valera's reply to Mr. Thomas on the land annuities issue is to be 
dispatched this) week. The Kreuger and Toll Co. file petition of bankruptcy. 
Chile bitterly resents the new U. S. tariff on copper imports. Events in the 
Far East are apprehended to lead towards the Soviet-Japanese clash. The 
British Premier condemns the Congress as impeding the Indian settlement 

MAY 26, 1932. 

Indian Rioting breaks out afresh in Bombay and 3 are reported to have 
been killed and 6 injured. The International Labour Conference adopts a 
draft convention imposing restrictions on the employment! of children in non- 



CHRONOLOQICA^ 23 

industrial concerns. During the quarter ended March 31, 1932, there were 25 
industrial disputes in British India, involving 42 ; 170 men and 332,345 days. 
Sir George Schuster tells the Salt Conference that to safeguard India's 
interests is the paramount duty of the Government, 169 candidates apply 
for the October competitive examination for the Indian Military Academy. 
Hindus approve of the Bengal Moslems' solution of communal problem. 
India's trade in April shows a rise in imports. The Frontier Council discusses 
the demand for introduction of pipe system to remove water scarcity. The 
C. P. Government proposes to introduce a Bill in the August session of the 
local Council to amend the C. P. Medical Registration Act of 1916. 

, Foreign A British cotton industry delegation is to prpceed to Canada 
immediately to discuss tariff preference with the principal manufacturing 
concerns. Jews and Arabs fight in Aden and 50 are more or less severely 
injured. The Nazi candidate gets elected to the Presidentship of the Prussian 
Diet. The political crisis in Japan ends with the formation of a National 
Cabinet. The Oath, Bill is denounced in the Irish Senate. Britain is to sign 
an agreement with the U. S. with regard to w^r-debts arrears. 

MAY 27, 1932. 

Indian The Frontier Council discusses the demand for extension of the 
co-operative movement in the Frontier Province. The U. P. Government 
issues a communique on the acquittal of the constables charged with 
assaulting women Congress volunteers at Benares. The report on appro- 
priation accounts of the Central Government reveals defalcation and fraud 
cases. Mr. P. N. Tagore of Calcutta cables to ! the Premier the views of the 
Bengal landholders about the Reforms. 

Foreign The new Premier of New South Wales, Mr. Stevens, proposes, 
among other things, to repeal Socialist legislations in the State. The German 
Ambassador in Washington signs agreement in regard to arrear of Germany's 
war-debts. Sir Hugh Stephenson, at the Calcutta Dinner in London, points 
to the failure of amnesties to deal with the terrorist movement in India. A 
British engineering combine is formed to carry out public works in China. 
The aims of the New Zealand Delegation with regard to the Ottawa 
Conference are published. Crisis prevails in the London coal industry where 
miners are dissatisfied. 

MAY 28, 1932. 

Indian A new OVdinance, to replace the Emergency Powers Ordinance, 
is promulgated. Rare paintings are discovered among the Ajanta frescoes. 
The Senate of the Calcutta University accepts proposals for re-appointment 
on permanent basis of members of the post-graduate teaching staff. Jail 
life in India during 1930 is officially reviewed. Punitive police are stationed 
in a Bihar village. It is stated that at the end of April, 1932, there were 
32,524 political prisoners in Indian jails. 

Foreign Major W. Elliot, Financial Secretary to the Treasury, states 
in the House of Commons that there was a deficit of about 200,000,000 in 
Britain's war-debts and reparations payments to the U. S. and Britain's 
receipts in this connection from the Allies. Heavy rains cause renewed 
flood-havoc in the north of England and the Midland. Mr. L. S. Amery, 
at a meeting of the Oxford University Conservative Association, predicts 
the financial collapse of Europe at an early date. The Experts' report on 
naval disarmament reveals that the Powers are divided on the question of 
the use of capital ships, aeroplane carriers and submarines. The United 
States ships a record consignment of gold to Europe. 



MAY 29, 1932. 

Indian In a general round-up of Congressmen at Nagpur, several arrests 
are reported to have been made. The All-India Swadeshi day was observed 
throughout India* 

MAY 30,1932. 

Indian The Minister for Local Self-Government, Bengal, issues a state- 
ment on changes made by the Select Committee in the Bengal ^Municipal 
Amendment Bill. Two youths are arrested at Howrah in connection with a 
bomb explosion. Ten persons are killed and ISO are injured in a further 
outbreak of communal rioting in Bombay. The Council of the All-India 
Moslem League stresses the need for an immediate decision by His Majesty's 
Government in the matter of Moslem representation in the Legislatures 
under the new Constitution. 

Foreign Sir Samuel Hoare, Secretary of State for India, states in the 
House of Commons that the recommendation of the Simon Commission, that 
the defence of the North-West Frontier should be an Imperial liability, or 
the suggestion that Dominions should contribute towards its cost cannot be 
discussed at the Ottawa Conference. At Lausanne, Britain proposes to 
press to the utmost for consideration not merely of War Debts and 
Reparations but the bigger problem of dwindling international trade, says 
Mr. MacDonald in an interview. A second aerial expedition is said to have 
been planned for the study of cosmic rays. The resignation of Dr. Bruening 
from the German cabinet thickens the German crisis onj the eve of Lausanne. 
The European Governments anxiously await the policy of the new French 
Government. The German Chancellor appeals for world co-operation in the 
solution of the unemployment problem. 

MAY 31, 1932. 

Indian As a result of the recent cyclone in the Malabar Coast, 16 people 
are reported to have been killed and hundreds of huts and trees destroyed. 
A Special Tribunal is appointed for the trial of Prodyot Kumar Bhattacharjee 
arrested in connection with the murder of Mr. Douglas at Midnapore. The 
Calcutta Rotary Club discusses the advisability of legislation designed to stop 
immoral traffic in Bengal. About 1,000 operatives of the Landsdowne Jute 
Mills go* on strike. Bombay riot persists. The Government of India intend 
to appoint expert advisers to assist the delegates to the Ottawa Conference. 
The Government of Bengal issues a communique on the recent cyclone at 
Mymensingh. 

Foreign Discussions are proceeding in London in regard to possible 
American participation in some form of international conference. Question 
is asked in the Commons regarding the demand for security from the 
Bombay Chronicle. Mr. Walter Runciman moves in the Commons the 
second reading of the Coal Bill. Uganda heads the list of Empire cotton- 
producing countries. 

JUNE l y 1932. 

Indian Statesman's special correspondent at Simla discusses the grant 
of allowances to State prisoners. The Nanga Parbhat climbers reach Astor. 
The riot situation in Bombay marks considerable improvement, traffic being 
resumed in the affected areas. 

Foreign President Hindenburg selects Herr von Papen to form the 
so-called "National Concentration " Cabinet. The finances of the United 
States show an estimated deficit of 57,000,000, Well-informed circles 



CHRONOLOGICAL. 25 

dismiss the rumours that the German political situation may cause a post- 
ponement of the Lausanne Conference. The French Socialist Party Congress 
lays down conditions for its participation in forming any Government in 
France. Speaking at the Africa Society Dinner in London, Sir Philip 
Cunliffe-Lister pleads for sympathetic treatment of the coloured people. 

JUNE, 2, 1932. 

Indian The Indian Franchise Committee publishes its report wherein 
the electorate of British India is proposed to be raised from 7,000,000 to 
36,000,000. Mr. A. H. Ghuznavi and Sir Abdullah Suhrawardy issue a state* 
ment to the Press in regard to Bengal Moslems' views on the electorate 
question. The Chairman of the Kashmir Constitutional Reforms Conference 
publishes his main recommendations. To-day's casualities in the riots in 
Bombay are five injured from stabbing assaults. 

Foreign In the House of Lords Earl of Idde*sleigh draws attention to 
the practice of claiming income-tax from persons holding military or 
civilian Government appointments in India and* the Colonies who reside for 
more than 6 months in Britain when on leave. Sir John Simon makes an 
important statement in the House of Commons on the American proposal 
for an International Economic Conference. The Powers are being consulted 
in regard to the proposed World Economic Conference. Economy measures 
and higher taxes balance the U. S. A. Budget. Earnest hopes that the Soviets 
will repose greater confidence in Japan by discontinuing the concentration 
of troops on the Far East and the declaration that Japan does not desire to 
annex Manchuria are, according to a Tokyo message of the Reuter, features 
of the statement of Japan's new Premie'r Viscount Baron Saito. 

JUNE 3, 1932. 

Indian The riot situation in Bombay is quiet but nervousness continues, 
business centres and cloth markets remaining closed. The official circles at 
Simla are said to be generally well-satisfied with the award of honours, but 
the members of the Assembly and other public men are struck by the 
singular absence in the present Honours List of awards for public service to 
men in public life of India. The President-elect of the Punjab Political 
Conference to be held to-morrow at Amritsar is served with a notice 
restraining his movements and asking him not to leave the limits of the 
Lahore Municipality till June 6, 1932; according to the arrangement so far 
madj'e, the President-elect leaves Lahore this afternoon by the Howrah 
Express. The King Emperor's Birthday anniversary is celebrated in a be- 
fitting manner at Simla, Darjeeling, Shillong and other places. 

Foreign Commenting on the Franchise Committee's report, the British 
Press pay tribute to the work of the Lothian Committee. More than 60 
people are reported to have been killed in Mexico's worst earthquake for 
ten years. Advance copies of the speech expected to be made to-day in 
the( Japanese Cabinet by Viscount Saito, the new Premier of Japan, are 
said to have been circulated in London last night by the Japanese embassy. 
In his speech, Premier Saito is reported to have scouted the idea that Japan 
is declaring war against Russia and' to have concluded with an appeal to 
his people not to be misled by rumours* regarding the danger of war between 
Russia and Japan, von Papen confers with the President of the Reichsbank, 
Herr Luther, on Germany's financial position. That Burma's interests lie 
in carrying on her own work in her own way, rather than in associating 
herself with the country from which she differs in so many respects, is the 
view expressed by Lord Peel at the annual Burma Dinner in London. Sir 
Dorabji Tata dies this morning in/ a sanatorium at Badkissingen in Germany. 



16 THE INDIAN RECOfcDE ft. 

JUNE 4, 1932. 

Indian The strength of the Bombay Government's Cabinet is reducec 
to four. Sir B. N. Mitra emphasises the value of India's association witf 
the International Labour Office. Simla comments on the report of the 
Lothian Committee. In a communal riot at Pundri in the district of Kama! 
three are killed and 30 injured. Captain Alan Eadon accepts the post ol 
Deputy Director of Civil Aviation in India. 

Foreign The Irish Senate passes the second reading of the Oath Bill 
The German Cabinet decides to maintain the Gold Standard. The Italiar 
Government decides to open a training centre for tans-oceanic fliers in 
Rome. Personnel is announced of the new French Cabinet formed by M, 
Herriot. The International Oil Conference in New York fails to arrive at 
any decision. The Dail approves the ;Free State Budget. Lord Strickland 
issues an unreserved apology to the bishops; and the Malta dispute is now 
considered at an end. Speaking in the Senate in Rome, Signor Grandi is 
stated to have said that Italy was prepared to disarm, even to the zero 
point, provided the other nations did likewise. 

JUNE 6, 1932. 

Indian The riot situation in Bombay shows signs of improvement 
though stray assaults still continue. The police disperse the District Political 
Conference at Noakhali, Bengal. The Railway Board 1 makes its decision on 
the report of the Railway Court of Inquiry. At a public meeting at the 
Dalhousie Institute, Calcutta pays tribute to the sincerity of British states- 
men in regard to the reforms in India. 

Foreign Mr. de Valera invites the British Government to a preliminary 
discussion in Dublin on the present difficulty between the two countries in 
connection with the Ottawa Conference. Over 400 people are reported to 
have been either killed or injured by earthquake in Mexico. A junta of 
three, favouring a Socialist Republic, have seized power in Chile after an 
almost bloodless revolution. Plot to murder Mussolini is once more frus- 
trated by the arrest of a man, with two bombs, a pistol and a false passport. 
The new Government in Germany categorically denies the rumoured resigna- 
tion of President Hindenburg to be succeeded by the 'Crown Prince. Lord 
Rothermere thinks that the Hohenzollerns are going to return to power 
in Germany. ' 

JUNE 7, 1932. 

Indian The Vice-Chancellor of the Allahabad University issues warning 
to students against participation in political demonstrations. Following a 
disturbance in Fatehpur Jail, officials open fire killing one and injuring seve- 
ral. The Assembly Select Committee's main proposals regarding the three 
Bills relating to Haj pilgrimage are published. 

Foreign British bondholders are badly hit by the inauguration of the 
Socialist regime in Chile. Mr. Thomas and Lord Hailsham arrive in Dublin 
and the Cabinet Committee dealing with the Anglo-Irish controversy meet 
and decide to accept the invitation to a preliminary discussion in Dublin. 
The British Premier and Sir John Simon leave London for Paris en route 
to Lausanne at the end of this week. 

JUNE 8, 1932. 

Indian A Committee appointed by the Senate of the Calcutta University 
recommends the conducting of examinations in all subjects other than 
English in vernaculars. The Mysore Representative Assembly passes the 



CHRONOLOGICAL; 27 

Child Marriage Restraint Act by 98 votes to 87, Shops re-open in Bombay 
City which returns to normal conditions. At the quarterly meeting of 
the Bengal Chamber of Commerce in Calcutta the necessity was urged of 
developing the sugar industry of Bengal. 

Foreign Mr. J. H. Thomas and Lord Hailsham hold discussions in 
Dublin with Mr. de Valera and the Free State Minister of Justice. Death 
is reported of Viscount Brentford, popularly called " Jix." Britain celebrates 
the passing of the great Reform Bill of 1832. Mr. C. F. Andrews interviews 
a number of Cabinet Ministers in London on whom he has urged the 
desirability of peace in India by negotiation. The new Manchurian State 
takes over the collection of the customs from the Chinese authorities. The 
New Zealand Premier, Mr. G. W. Forbes, decides not to go to Ottawa. The 
new French Premier's declaration of policy, both home and foreign, is said 
to be vague and in parts enigmatic. Mr. J. D. Rockfeller, the millionaire 
supporter of the " Dry/' declares for the repeal of the Prohibition Law. 

JUNE 9, 1932. ^ . 

Indian The Working Committee of the All-India Moslem Conference 
at Simla considers the report of the Indian Franchise Committee and the 
Federal Finance Committee. Two witnesses give evidence in the Douglas 
Murder trial before a Special Tribunal at Midnapore. A tentative scheme 
for a public school in India on the lines of thq English public schools is 
approved of by the promoters in a meeting held in Simla. 

Foreign The anomalous decisions of the Free State Senate on the Oath 
Bill leads to a deadlock. Mr. de Valera informs the Free State Senate that 
the Government has not changed its attitude towards /the Oath Bill. " Ulster 
is not and never has been for sale," declares Lord Carson, referring to the 
Anglo-Irish talks now going on. The Premier and Sir John Simon proceed 
to Paris on the invitation of the new French Premier for preliminary con- 
versations before the opening of the Lausanne Conference. London mer- 
chants discuss the effect of the tariff restrictions on trade. Sir Samuel 
Hoare- assures the members of the v I. C. S. that their rights would in no way 
be affected by the prospective changes in the Indian Constitution. In a 
speech, at a launcheon in London, Sir Atul Chatterjee refers to India's eco- 
nomic difficulties and her hopes and aspirations at Ottawa. 

JUNE 10, 1932. 

Indian The Report of the Director of Railway Audit shows various 
irregularities resulting in loss to railways. The situation in Bombay is 
reported to be normal and more than a thousand hooligans are reported to 
have been rounded up. Leading Moslems issue a manifesto to the British 
Press on the communal issue in its bearing on the India constitution. The 
Governor of Bengal frames rules to deal with the terrorist movement. 

Foreign The Anglo-Irish negotiations, opened in Dublin and continu- 
ed in London, break down. Mr. de Valera is given a rousing welcome by 
London Irishmen on his arrival at Easton. The King and the Queen receive 
the young Maharaja of Nabha. Britain would welcome discussion of an 
Imperial monetary policy at Ottawa, says the Chancellor of the Exchequer. 
Following the deposed Emperor's escape from jail, Abyssinia is said to be 
threatened with trouble. 

JUNE 11,11932. 

Indian. Educational progress in the U. P. is reviewed. The Punjab 
Government sanctions further remissions in land revenue and occupiers' 
rates to the extent of Rs. 43 lakhs. A Government communique says that 



23 THE INDIAN RECORDER. 

the threatened crisis in water supply for irrigation in U. P. has ended. 
Charges of conspiracy and abetment of murder are framed against Prodyot 
Kumar Bhattacharjee, who is accused in connection with the murder of 
Mr. R. Douglas. The Citizens' Guard, a voluntary band of workers orga- 
nised by the Bombay Citizens' Conciliation Committee, starts patrolling the 
troubled localities, appealing to people to resume normal business. The 
cost of India's new Legislatures is likely to increase by about Ra 65 lakhs. 
After two days of quiet and peace, communal disturbance breaks out again 
in Bombay. 

Foreign. H. H. the Aga Khan amends the text of the Moslem mani- 
festo sent to him from India for publication in England. Winding up the 
debate on the third reading of the Finance Bill in the House of Commons, 
the British Chancellor of the Exchequer denies the suggestion that fresh 
taxation was likely in autumn. Representatives of the British and the Irish 
Free State Governments fail to arrive at an agreement and Mr. de Valera 
leaves for Ireland. Protesting against the " political complexion " of the 
President's (Sir Henry Lawrence) speech, guests at the Bombay Dinner in 
London walk out. 

JUNE U, 1932. 

Indian. The playing of music before a mosque leads to a minor clash 
at Cawnpore. Bombay riot persists. 

JUNE 13, 1932. 

Indian. The District Magistrate and the Superintendent of Police of 
Faridpur are bombed in a train at Rajbari, Faridpur, but the bombs hit 
an empty compartment. Heavy rain is reported from Chittagong where 
two persons are said to have been injured when a house collapsed. The 
fifth half-yearly meeting between the Railway Board and the Union repre- 
sentatives begins in Simla. Dr. B. S. Moonje sails for England to put for- 
ward the case for the Hindus. The Meerut case is adjourned following the 
refusal of Sj. Gopal Basak to be represented, by a lawyer during his absence, 
through illness, from Court. Captain Cameron of 2|8th Gurkhas and two 
terrorists are reported to have been killed in an action between the military 
and the terrorists near Chittagong. 

Foreign.' A new coal fuel claimed to be cheaper than oil is being tried 
out in the Cunard liner " Scythia ". Mr. Burbury, ex-President of the 
Bombay Board of the Imperial Bank of India, makes suggestions for a solu- 
tion of the silver problem. Cotton workers in Lancashire decide to hold 
another ballot on the question of strike or negotiations. A Berlin report 
states that Germany intends to inform the Lausanne Conference of her in- 
ability to pay further reparations. President Hoover informs the Congress 
leaders that the present economy proposals are not sufficient to balance the 
U. S. Budget. The new Chilean Junta raids the money exchanges. 

JUNE 14, 1932. 

Indian. Twenty-two deaths from heat-stroke are reported from Cawn- 
pore and sixteen from Lucknow. The Working Committee of the All-India 
Moslem League give their views on the Franchise and the Federal Finance 
Committees' reports. The names of the official advisers to the Indian dele- 
gation to Ottawa are announced. A tribunal, it is understood, will be ap- 
pointed to examine the possibility of amending the capitation charges and 
the incidence of expenditure on Indian defence. Mr. D! N. Sen, Sub-divi- 
sional officer of Contai, is cross-examined on his evidence in the Douglas 
Murder trial at Midnapore. 



CHRONOLOGICAL. 29 

Foreign. In the House of Commons the Secretary of State announces 
that the question of capitation charges and incidence of India's defence ex- 
penditure would be referred to an advisory tribunal. Britain issues a stern 
warning to the New Chilean Government regarding their confiscation of 
foreign banking deposits. Sir Samuel Hoare makes a statement on the 
situation in India during the past week. The Archbishop of York and several 
of his colleagues in a letter to the Press express their profound disappoint- 
ment that up to the present no progress is being made at the Geneva Con- 
ference towards serious disarmament. Asked whether it is now proposed 
to conduct further negotiations with the Irish Free State Government on 
the subject of preparation for Ottawa, Mr. Thomas states in the House of 
Commons that further communication is likely to be received from the 
President of the Executive Council of the Irish Free State. 

JUNE 15, 1932. 

Indian. Mr. Jamnadas Mehta, President of the All-India Railwaymen's 
Federation, says that before taking a final decision for direct action for 
which they have a mandate they would await \he Railway Board's decision 
on two major suggestions regarding compulsory leavq by rotation and bor- 
rowing from the depreciation fund with the object of reinstating the em- 
ployees discharged last year and avoiding further discharges. Bengal Coun- 
cil^ life is extended and a meeting of the, Council is fixed for August 1, 1932. 

Foreign. The Maharaja Jam Sahib of Nawanagar makes a suggestion 
for an immediate conference between businessmen of Britain and India to 
frame a policy of benefit to both countries. The outstanding balance of 
i 3,604,000 of India 6 per cent. Bonds, 1931-33, issued in February, 1930, is 
repaid in London. Mr. de Valera, it is stated, will head the Free State dele- 
gation to Ottawa. The main work of the Disarmament Conference is tem- 
porarily suspended. A League Official leaves London to investigate the 
charge of misgovernment against the Liberian Government. The Liberals 
meet with an overwhelming defeat in the Newfoundland elections. An 
emergency decree enables the new German Cabinet to balance its Budget. 

JUNE 16, 1932. 

Indiajn. The official review of Currency operations in India shows a fall 
in commodity price, stated to be an effect of the abandonment of the 
Gold Standard. The European Association of Madras prepares a consolidat- 
ed scheme of broadcasting for the whole Presidency to be undertaken by the 
Government. The Madras Branch of the European Association passes 
resolution on the question of European representation in the new Legisla- 
tures. The final decision on the communal problem is expected to be 
announced by the last week of July or the first week of August. Attempt 
to hold this year's session of the Bengal Provincial Conference leads to 
about 100 arrests in Calcutta. In reply to the Friends' Conciliation Group 
Gandhiji says that he is unable to make definite proposals without a free 
interchange of views with Congress colleagues. 

Foreign. In course of his speech at the annual I. M. S. Dinner Sir 
Samuel Hoare assures the I. M. S. people that for them a great future lies 
under the new Constitution. Sir Robert Home, speaking on currency prob- 
lems, says that the best solution will be to unite gold with silver as the 
basis in which the world's business may be conducted. The British Premier 
denies reports of discussions contemplating the stabilisation of armaments. 
The South African Legislature passes the Transvaal Asiatic Tenure Bill. 
In his presidential address at Lausanne Mr. MacDonald stresses the gravity 
of the catastrophe threatening every nation over the world trade depression. 



30 THE INDIAN RECORDER. 

JUNG 17, 1932. 

Indian. The U. P. Council passes the Bill, introduced by Mrs. Srivastava, 
to provide for more adequate representation of women in the Local Boards. 
The Ahmedabad Millowners' Association refers to the growing competition 
of Lancashire goods. Notice is given of a motion before the ensuing session 
of the Bombay Council, urging a Government enquiry into the^ causes of 
the Bombay riots which still continue. 

Foreign. Mr. J. H. Thomas makes a statement in the House of Com- 
mons on the negotiations recently held between the British and the Free 
State Governments on the Oath and the Land Annuities questions. Argen- 
tina cuts the duty on; whisky by SO p.c. A counter-revolution in Chile suc- 
ceeds and is followed by the capture of the " Red " rebel chief, Colonel Grove. 

JUNE 18, 1932. 

Indian. Prosecutio ft n evidence is not sufficient to prove the charge, 
argues the Counsel for Adhikari in the Meerut trial. Sir Tej Bahadur 
Sapru urges British statesmen to go ahead with the Premier's policy and 
introduce a single India Bill for responsibility in the Centre and the Pro- 
vinces. Sir George Schuster expresses his views on the present economic 
situation in India. Two Moslem leaders of Bengal, viz., Sir Abdulla Suhra- 
wardy and Mr. A. K. Ghuznavi, comment on the report of the Indian Fran- 
chise Committee. From the beginning of the next month the Government of 
Bengal intends to put in operation a comprehensive scheme of physical 
education which, it is stated, will leave nothing to chance in developing a 
strong and healthy race of Bengalis. 

Foreign Mr. de Valera declares in the Dail that, until Britain has 
established! her right to get the land annuities before a Court, the Irish 
Free State means to hold these monies. Over 300 rubber estates in the 
Dutch East Indies are reported to have completely stopped tapping since 
April 30 last. Nationalists obtain 21 out of the 32 seats on the Malta 
Assembly elections. 

JUNE 19, 1932. 

Indian The Madras Branch of the European Association protests 
against the proposed disbandment of the remaining battalions of the Madras 
Pioneers the last remants of the Madras Army. A deputation of the 
taluqdars of Gujrat waits on the Governor of Bombay and presses their 
claims under the new Constitution. The Sind Hindu Conference concludes 
after passing eight resolutions, of which one strongly protests against the 
Separation Scheme. There should be perfect liberty to any member of a 
community, conceded a separate electorate, to decide in favour of being in 
the joint electorate by a declaration of his desire to that effect, says Sir 
Chunilal Setalvad in a statement to the Press. 

JUNE 20, 1932. 

Indian Arguments begin on behalf of Mr. Spratt, an accused in the 
Meerut Conspiracy case. The Viceroy abandons his monsoon tour owing 
to pressure of public business. Sir Tej Bahadur Sapru and Mr. Jayakar 
leave Simla having concluded with the Viceroy their conversations whose 
effect is said to be wrapt in a cloud of reticence. Anti-separationist leaders 
of Burma make a joint representation to the Chief Secretary to the Govern- 
ment of Burma urging preparation of fresh electorate rolls as the existing 
rolls contain many mistakes. Films entitled topical of Mahatma Gandhi 
and others are banned in Delhi Province. 



CHRONOLOGICAL. M 

Foreign The New South Wales elections result in a complete triumph 
of the Coalition administration. A number of Associations in Ceylon demand 
grant of Dominion Status to the island colony. Martial law is reported to 
have been declared in Chile where the military are operating the railways 
owing to a strike. " Talks " at Lausanne are reported to be " promising.'' 
M. Herriot tells his colleagues in the Cabinet that the atmosphere at Lau- 
sanne was one of general determination to reach an agreement. The pro- 
gramme of work for the Lausanne Conference is considered by the delegates 
of the six inviting Powers and the full Conference is expected to be resumed 
to-morrow. 

JUNE 21, 1932. 

Indian The Government of India holds that instructions issued by the 
Chief Commissioner of Ajmer-Merwara regarding the treatment of Bengali 
detenus at Deoli are in terms of Sir James Crerar's undertaking in the 
Assembly, namely, that conditions obtaining in Beng/4 in respect of! diet and 
other conditions of detention would be reproduced, as far as possible, for 
Bengali detenus outside their province. Rebellion in Pegu, it is stated, is 
likely to end following the quick response to the latest offer of clemency, 
announced by the Deputy Commissioner of Pegu. The Director of Civil 
Aviation in India publishes a financial review on the working of the Indian 
State Air Service from December 1929 to March 31, 1932, as an appendix 
to the Appropriation Accounts of the Central Government, and scrutinising 
the accounts the Director of Commercial Audit says that the operation of 
the Service resulted in a loss of about six lakhs. The Tariff Board contem- 
plate plans to protect Bombay's textile industry which continues to be in 
a bad way with the stock considerably gone up and the price of cloth steadily 
declining. Stray assaults still continue in Bombay despite a temporary truce 
in the communal war. The Crown Counsel argues the Douglas Murder Case 
before the Special Tribunal at Midnapore. 

Foreign Replying to a suggestion for drawing up new electoral rolls 
for Burma, Sir Samuel Hoare says that the present rolls, when amended, 
would be no less complete. The Secretary of State, in the Commons, 
declares his inability to say when the communal award would be announced. 
Colonel Grove, the Chilean airman rebel chief, is deported to the " Robinson 
Crusoe " island of Juan Fermandez. A Belgo-Dutch Agreement, providing 
for lowering of the Customs, is signed. Riots and disorders spread in Chile 
and arrangements to. protect British nationals are being made. America 
declares her inability "to sympathise with a highly-armed Europe. In order 
to deal with the shipping problem it is proposed to scrap tonnage in excess 
of trade requirements. The Imperial Economic Committee, on which India 
is represented by Sir B. N. Mitra, High Commissioner for India, observe 
that trade between the Empire countries should be stimulated, to the benefit 
of exporters generally in the less industrialised country, with a consequent 
increase of prosperity in which the specific industry would share. 

JUNE 22, 1932. 

Indian The East Indian Cotton Association, at its meeting held in 
Bombay, is said to have stressed the necessity of restoring the freedom 
of trade. A representation to the Tariff Board makes a bitter attack on 
the managing agency system among Bombay Mills. The Special Tribunal 
at Midnapore reserves decision in the Douglas Murder case. Arguments 
on behalf of Philip Spratt and L. R. Kadam having concluded, Mr. Kemp, 
the senior Crown Counsel in the Meerut Conspiracy case, begins his sum- 
ming up of the prosecution case. 



32 THE !NbIANT RECORDER. 

Foreign British troops are sent to Iraq from Egypt to curb the 
activities of a desert tribal chief. It is officially declared at Washington 
that the American Government have not entered into any negotiations on 
the debt question either at Geneva or at Lausanne. America lays down 
her disarmament proposals which are: (1) reduction of all armaments by 
one-third; (2) abolition of tanks, chemical warfare and large mobile guns; 
(3) prohibition of aerial bombardment and the abolition of bombing planes. 

JUNE 23, 1932. 

Indian Magistrates and Police officers in the Frontier are empowered 
under the Emergency Powers Ordinance, 1932, to arrest persons without 
warrants, to ensure public safety. The full text of Gandhiji's letter from 
jail to Mr. Bartlett of the Fellowship of Reconciliation is published by the 
Associated Press the letter was said to have been incorrectly paraphrased 
in Reuter's Cable from London of the day previous. The Crown Counsel 
continues his arguments in the Meerut Conspiracy trial. 

Foreign The Prince of 'Wales pays a notable tribute to the rank and 
file of the Indian Police whose conduct throughout the recent troubles, he 
says, deserves the greatest praise. Lord Reading in a speech in the Lords 
deals with Britain's grave financial problems. Italy unconditionally accepts 
the U. S. disarmament proposals. Parties of ^Fascists and Communists fall 
out in Berlin resulting in riots. Japan is expected to oppose the American 
plan for drastic cuts in naval armaments. 

JUNE 24, 1932. 

Indian The Government of India announces its decision regarding the 
tripartite division of the profits accruing from the customs realised from 
Cochin Harbour. Some of the smaller States in Kathiawar demand direct 
representation in the Chamber of Princes and the proposed Federal Consti- 
tution. The groundnut export trade of Madras marks a big drop. Before 
a Special Tribunal at Faridpur commences the hearing of the Angaria Mail 
Robbery Case. In reply to Government's circular inviting opinion on the 
question, the Bengal National Chamber of Commerce urges drastic economies 
in Government expenditure. 

Foreign Explosives expert pronounce the " Lloyd Bomb " to be an 
elaborate hoax. The French Press almost unanimously denounce the 
Hoover disarmament proposals, although Germany and Italy have received 
them favourably. The latest phase of the Lausanne discussions boils down 
to a joint scheme embodying the Danubian plans and those of the Great 
Powers. Lengthy conversations between British and French delegates at 
Lausanne on Reparations result in a tentative accord on four questions of 
principle which will now be discussed between the French and the German 
delegations. According to the report of the Census Commissioner, Malaya, 
Indians in British Malaya constitute 14 per cent, of the entire population as 
against 39 per cent. Chinese. 

JUNE 25, 1932. 

Indian Bombay is proposed to be linked with Madras by extending the 
Grand Trunk telephone. Prodyot Kumar Bhattacharjee, charged with the 
murder of late Mr. Douglas, District Magistrate of Midnapore, is sentenced 
to death. The provisions of the Bengal Municipal Bill are discussed at a 
Conference in Calcutta. In the Meerut Conspiracy case the Crown Counsel 
explains the aims of the Communists in India. The alarm of the Western 
India National Liberal Federation that there may be a departure from the 
R. T. C. " method " is considered premature. 



CHRONOLOGICAL to 

foreign The Free State Cabinet refuses Mr. J. H. Thomas's demand 
that the land annuities should be judged by a Commonwealth Tribunal. The 
decision of the Independent Labour Party to sever its connection with the 
National Labour Party is said to indicate a split in the Labour Party ranks. 
Japan sends a Note to China, protesting against the dismissal, of the Japanese 
Commissioner of Customs at Dairen. Consequent on the failure of the 
German and the French delegates to come to any understanding, the Re- 
parations Conference at Lausanne is held up. 

JUNE 27, 1932. 

Indian Mr. Kamakhya Prasad Sen, Special Magistrate at Munshiganj, 
Dacca, is shot dead by an unknown assailant while asleep in the house of 
Mr. S. N. Chatterjee, Sadar Sub-Divisional Officer at Wari, Dacca. The 
Bengal Municipal Conference held in Calcutta rejects the Bengal Municipal 
Bill. The Secretary of State's statement on Britain's policy in regard to 
Indian reforms is said to have been favourably received in official and 
political circles in Simla. 

Foreign Sir Samuel Hoare makes a statement in the House of Com- 
mons reiterating the policy of the British Government in regard to Indian 
reforms and outlining the constitutional time-table. The British Cabinet 
Council discusses the progress of the negotiations at Geneva and Lausanne. 
Sir Samuel Hoare announces in the Commons that, on July 3, it is intended 
to assume in India, by a single Ordinance, the majority of the special powers 
which are about to lapse; the powers, it is indicated, would have a restrict- 
ed scope. The Manchurian Government decides to take over all Customs 
stations except Dairen. Mr. Ramsay MacDonald is stated to have discus- 
sions at Geneva with members of the United States delegation. 

JUNE 28, 1932. 

Indian The Government of Bombay pay a high tribute to the services 
of the Police, the Military force and the Magistrates during the recent 
communal disturbances. Mr. Kemp, Crown Counsel, describes, at the hearing 
of the Meerut Conspiracy case, the Communists' method of conducting propa- 
ganda. A communal disturbance at Trichinopoly results in injuries to a 
dozen persons. Indian leaders comment on Sir Samuel Hoare's statement in 
Parliament. 

Foreign Labour members spiritedly criticise the Government's policy 
in India as outlined in Sir S. Hoare's statement and urge reconciliation with 
the Indian National Congress. The Secretary of State for India repudiates 
the charges made in regard to the working of the Ordinances. The state- 
ment of the Secretary of State for India on the procedure of Indian consti- 
tutional reforms is favourably received by the London Press. The British 
Cabinet discusses the Hoover proposals for disarmament and attention is 
drawn to the lead already given by Britain in regard to naval reduction. 
Progress is reported to have been made in the negotiations between German 
and French Ministers on the problems of Reparations and War Debts. 

JUNE 29, 1932. 

Indian Speaking about the future of Burma, the Raja of Chettinad 
says that, in the event of separation, Burmans are in honour bound to safe- 
guard Indian interests. The basis of allocation of seats for States in the 
Federal Legislature is discussed in the Press. A recrudescence of communal 
noting is reported from Bombay, the police having had to fire, at least three 
times to disperse combatants in the streets. Rapid progress is reported of 
the scheme to instal a Wireless Telephone Service between India and 



$4 THE INDIAN RECORDER. 

England. Sir Tej Bahadur Sapru and Mr. M. R. Jayakar issue a joint state- 
ment on the Secretary of State's announcement 

Foreign It is forecast in London that the Government's concrete pro- 
posals with regard to the prospective constitutional changes in India will be 
published in the form of a White Paper which will, in effect, be the terms 
of reference to the Joint Parliamentary Committee. 

JUNE 30, 1932. 

Indian A comprehensive Ordinance, to be known as the Special Powers 
Ordinance, 1932, is promulgated by the Governor-General which includes 
most of the powers contained in the Emergency Powers, Unlawful Instiga- 
tion, Unlawful Association and Prevention of Molestation and Boycotting 
Ordinances. Mr. S. B. Tambe, who acted as Governor of C P. in 1929, 
criticises Sir S, Hoare's statement and blames the Conservatives. 

Foreign In the event of the Irish Free State refusing to make land 
annuities payment, it is stated that a Bill will be brought before Parliament 
to impose duties on certain imports from the Free State. A Lausanne 
message states that Germany has accepted the principle of making a final 
payment in lieu of reparations, but only when normal conditions are restored. 
It is stated that a world agreement with the purpose of securing a rise in 
oil prices is the likely result of the International Oil Conference now being 
held in Paris. A message from the Siamese Foreign Minister to the Consul 
of Rangoon gives details of the recent rebellion in Siam. Important deve- 
lopments are stated to have taken place at Lausanne on June 29 when 
after a spirited sitting it was decided to set up a committee of thirteen to 
draft a plan for the settlement of the Reparations. The Democratic 
National Convention at Chicago, by a large majority, votes for the repeal 
of the Prohibition, Law. 



ADMINISTRATIVE AND EXECUTIVE. 



THE REFORMS ISSUE 
CONSULTATIVE COMMITTEE. 

IN a communique issued on the 13th January, 1932 the intention of His 
Majesty's Government was announced that the Consultative Committee 
should be brought into effective consultation on the recommendations of the 
Franchise Committee, Federal Finance Committee and Indian States Enquiry 
Committee appointed by His Majesty's Government for specific constitu- 
tional enquiries before the final conclusions on, their recommendations were 
adopted by His Majesty's Government. In the ordinary course the Com- 
mittees would present their reports to His Majesty's Government. There- 
after, the reports would be made available to the Consultative Committee 
in order that it might make such suggestions as it deemed fit. 

COMMITTEE POSTPONED TILL MAY 23. 

It was originally expected that the Consultative Committee would be in 
a position to embark upon the consideration of the Reports from May 2, 
1932 but on certain grounds the meeting was postponed by three weeks. 
The circumstances under which the postponement was decided upon were 
narrated in a Government Communique issued on April 13, which ran as 
follows : 

The Consultative Committee, at its last session, expressed its desire to sit at its 
forthcoming session without a break until all the items on the agenda list had been 
considered. The feasibility of this method depends largely on the time at which the 
Consultative Committee can embark upon the consideration of the reports of the 
Committees appointed by His Majesty's Government. It does not appear that it (this 
method) can be observed if the Committee sits from the 2nd May as originally proposed. 
Accordingly, His Excellency the Viceroy has. decided that the wishes of the delegates 
and the expedition of the Committee's business will best be secured, if the Committee 
enters upon its second session on a date somewhat later than that originally proposed. 
Invitations to the delegates to attend from the 23rd of May are being issued. 

AGENDA BEFORE THE COMMITTEE. 

The agenda for the said meeting was also officially issued on the same 
date i- 
His Excellency the Viceroy after taking into consideration the suggestions made 
by the members of the Consultative Committee has, with the approval of the Prime 
Minister, framed the following agenda list for the ncxt< session of that Committee : Items 
standing over from the first list: (A) For Discussion (1) Classification of subjects 
under the following heads (a) roads, bridges, ferries, etc; (b) Maritime shipping and 
navigation; (c) lighthouses; (d) Indian Audit Department; (e) Commerce; (f) Trading 
companies and other associations; (g) Control of arms and ammunition and (h) Railway 
police. 

Note. Certain other matters affecting the classification of subjects have been 
postponed pending receipt of the reports of the specific committees: 

(2) Railway jurisdiction in States territories; 

(3) Centrally administered areas; 

(4) Excluded areas; 

(5) Form of treaties or conventions with the States on entry into the Federation. 
(B) Postponed at the request of members 

(1) Distribution of legislative powers between the central and provincial legislature; 

(2) Composition and strength of the Federal Legislature; 

(3) Details of procedure to be followed by the Legislature when central, as 
distinct from federal, questions or bills are under consideration. 



36 THE INDIAN RECORDER. 

(4) Defence (a) Detailed arrangements which might be made for fixing for a 
standard period the normal defence expenditure.; (b) Representation of the Army Depart- 
ment in the legislature; 

(5) Financial safeguards; 

(6) Central constitutional relations between the executive Government at the 
centic and in the province. 

(7) Provincial constitutions. 

(II) New items (1) Future position and functions of the High Commissioners; 
(2) Readjustment of Provincial boundaries ; (3) New provinces. 

(III) Reports of specific committees (1) The report of the Federal Finance 
Committee; (2) The report of the Franchise Committee and (3; The report of the 
States Enquiry Committee. 

N.B Subject to the reports being available when the Committee resumes. 
Object of Postponement. 

The object of the postponement was however considered to be some- 
thing more than what appeared from the communique. The " Free Press " 
in a statement said : 

i "The delay is chiefly ^ascribed to the Muslims because in response to the telegram 
sent by Muslim members to* Sir Samuel Hoard asking for postponement, as in the absence 
of a communal award the Muslims cannot participate- in the work of the Consultative 
Committee. At the Lahore Session of the Muslim Conference on March 21st the 
Muslims passed a resolution granting Government two months' time for reaching a 
decision on the communal problem. The time would expire on the 21st May. With 
a few days' ftracc the Government would fulfil the hopes held out to thei Muslims. If 
the communal award is given by the first week of June, the Muslim Conference is to 
meet a few days after" 
Implications of Postponement. 

The adjournment of the meeting of the Consultative Committee till May 
23 was likely to delay constitutional advance and was thus a matter of 
considerable importance in the political circles. Commenting' on this subject 
the correspondent of the " Hindu " was afraid that under the circumstances 
thus created the Consultative Committee might not be able to finish its work 
before the first week of July. " The decisions arrived at by the Committee" 
he added, "will be reviewed by the Cabinet Committee. The latter half of 
July and August are holiday week in England. Further, the work will be 
held up till the members return from the holidays and if the third Round 
Table Conference is to be summoned for ratification of the decision before 
a bill is drawn up, another two months would have to pass before one could 
have a definite idea of the future constitution." 

COMMITTEE FURTHER POSTPONED. 

But the difficulties in the way of holding the meeting on the 23rd May 
went to operate. Owing to the Prime Minister's illness and the approach 
of the Lausanne Conference and other emergencies of great importance to 
Britain and many countries, besides India, it was feared in some quarters 
that the communal decision might have to be deferred until near the end 
rather than the middle of June, while the Moslems pressed that the 
Committee should not meet till His Majesty's Government gave an award 
on the communal question. They preferred to wait until they could set to 
their tasks with a confidence which would be lacking until the communal 
decision was announced, and the following communique was issued on May 
IS announcing a " sine die " adjournment of the Consultative Committee: 

"His Excellency the Chairman, after consulting the members, has decided in accord- 
ance with their generally expressed desire, to postpone the next sessions of the Con- 
sultative Committee until a date to be selected subsequently in further consultation with 
the members when, it is hoped, to be able to arrange a continuous programme for the 
disposal of all the items on the agenda-list." 
Mr. Ghuznavi on the Postponement. 

Mr. A. H. Ghuznavi, M.L.A. and a member of the Consultative Committee welcomed 
the postponement of the meeting of the Committee. In an interview with the "Associated 



THEREFORMSISSUB. 37 

Press" he said, "When the re-assembly of the Consulative Committee was postponed 
from the 2nd to the 23rd May, it was hoped that the next session would sit without 
a break. It was expected that by the 23rd of May the reports of the various Com- 
mittees would be available to the members of the Consiiltive Committee. It was 
obvious, therefore, that pending the publication of these reports continuous discussion 
in the Consultative Committee was not possible. In addition to the inevitable suspension 
of the proceedings of the Consultative Committee in the absence of the reports referred 
to above, there was another strong reason for my preferring the postponement now, 
for the absence of a declaration by His Majesty's Government on the communal question 
would sooner or later have impeded the continuous progress of the Committee's work. 
The postponement will enable the Muslim members of the Consulative Committee 
to push forward its work unfettered by any communal consideration." 

REFORMED CONSTITUTION BY INSTALMENTS. 

During the closing stages of the Round Table Conference there was some 
discussion behind the scenes regarding the possibility of starting with 
provincial autonomy, but owing to Hindu opposition the idea was dropped. 
The general position was as set out in the P/emie'r's speech at the close 
of the second Round Table Conference on December last and as reaffirmed 
by the Secretary of State on March 24: 

"You have indicated your desire that no change- should ba made in the Constitution 
which is not effected by one all-embracing statute covering the whole field, and His 
Majesty's Government have no intention of urging responsibility which, for whatever 
reasons, is considered at the moment premature or ill-advised." 

But it was perceived early in April that the policy which officially held 
the field was that of introduction of provincial autonomy as the first 
instalment with an assurance embodied in the preamble of the Reforms 
Act that it was the intention of the Parliament to implement the Federal 
Constitution with responsibility at the centre at the earliest possible date. 
It was considered in some quarters both in England and India that the 
difficulties in the way of introducing ,a federal constitution in India were 
serious and that the federal idea was confusing all constitutional questions 
and merely postponing the real reform. 

Dr. Shafaat Ahmed Khan's Letter in the " Times ". 

Dr. Shafaat Ahmad Khan contributing a letter to the " Times " (London) 
on May 15 wrote that he and other Muslim delegates agreed with other 
members of the delegation to the federal principle and central responsibility. 
He declared that the moderates never denied that the working out of the 
details of the federal scheme would require several years' effort. He added 
that the requisite parliamentary legislation should be divided into two parts, 
part one dealing with central responsibility through the federation to be 
brought into force, when the details of the scheme will be complete, and 
part two providing for provincial autonomy which should be brought into 
operation forthwith. 

Sir Tej Bahadur's Reply. 

Sir Tej Bahadur Sapru protesting against the statement said that Dr. Safaat Ahmad 
Khan was wholly wrong in alleging that the moderates never denied that the working out 
of the details of the federal scheme would require several years. Excepting one gentle- 
man, all moderate members of the Consulative Committee denied this most emphatically, 
and even that gentleman wanted simultaneous responsibility at the Centre in British 
India. Continuing he writes, " In my personal discussions with responsible statesmen in 
England and India, I have always maintained that it is absurd to hold that the working 
out of the details of the federal schtjme will require several years' effort and I have 
invariably urged that there should be a single bill, dealing with the provinces and the 
centre and that if to enable administrative and constitutional readjustments to conic 
about there must needs be some distance of time between the functioning of the con- 
stitution at the centre and the provinces, it should not exceed a few months" Concluding 
Sir Tej Bahadur remarked, "Provincial autonomy by itself will never appeal to advanced 
opinion. It will alienate moderate opinion and complicate the situation far more than 
is realised. By all means give elvery reasonable prottetfcfci to the minorities and the 



38 THE INDIAN RECORDER. 

depressed classes, but do not alienate any more the majority anywhere, for without 
the co-operation of the latter it will be practically impossible for the administration to 
be run merely with the support of the minorities or representatives of special interests. 
The British mind must be disabused of this notion and must face the constitutional 
issue fairly, squarely and boldly.'* 
Mr. Sastri's Rejoinder. 

The Rt. Hon. Mr. V. S. Srinivasa Sastri^m a statement issued on May 19 said that 
the difficulties in shaping the federation had been exaggerated in the interest of reaction. 
He '(reinforced* Sir Tcj Bahadur Sapru's warning that often in politics to delay was 
to deny and that thosa who approved of an interval between provincial autonomy and 
central responsibility on a federal basis played the game of those who did not wish 
a second step. He further pointed out that excessive eagerness for one step neces- 
sarily weakened the cause of the other and instead of proving the British good faith, 
the hastening of autonomy would engender profound suspicion and stimulate the 
forces of disorder. 
Mr. Kidwai Supports Sir T. B. Sapru. 

Supporting Sir Trj Bahadur Mr. Mushir Hussain Kidwai of Gadia, Member of the 
Council of State, states that unless immediate responsibility is given in the Centre, 
nobody in India would be 'satisfied and that unless responsibility is given in the Centre, 
Provincial Autonomy can only lx? a farce. He fails to see how Provincial Autonomy 
alone can help Muslims even from the communalistic point of victw, and why a com- 
munalistic turn should be given to the matter at all. 

Sir Chimanlal Setalwad. 

Sir Chimanlal Setalwad thought that mere Provincial Autonomy with a promise 
or even a declaration in the preamble of an Act for responsibility at the Central and 
Federation to come later, would not satisfy any political party in the country. He said, 
" I can say without hesitation' that such a course will not satisfy the Liberals and I think 
they will decline to take any responsibility in working such an attenuated scheme of 
reform. Mere Provincial Autonomy is not going to rallv any moderate opinion and 
will not end the present trouble/' 
Sir Tej Bahadur'* Letter in the " Spectator." 

That any scheme of provincial autonomy which did not ot the same time confer 
responsibility at the centre was unlikely to solve the Indian problem was explained -in 
Sir T. B Sapru's letter to the "Spectator" in its issue, of June 17. He said, "To give 
India provincial autonomy when Indians are stressing for responsibility at the centre 
would be to impose a constitution which it docs not want. To tell them Federation 
must wait until autonomous units have been created and have been allowed sufficient time 
to function and to grow provincial consciousness is to misread the constitutional history 
of Canada and Australia, neither of which had a central government like ours at the 
time when the Federations were created there Even if it is not that it is difficult to 
see how frequent friction can be avoided between the irresponsible centre and the 
responsible provincial units if the latter are to be genuinely responsible. Further how- 
evermuch you may trim thcj Central Government to suit autonomous responsible provin- 
ces, in essence) the centre must continue to remain irresponsible and friction between the 
two in actual practice will be inevitable. To provide for the gap of several years or 
even eighteen months between a change in the provinces and that at the centre is to 
invite fresh agitation and to create 1 new forces in the provinces which will wreck all 
chances of the Federation. In any case, India will not settle down to constructive woik. 
Agitation as to that centre will continue unabated New provincial Governments will 
start in the midst of opposition and hostility, which may wtill nigh wreck them. Above 
all it will not be an agreed constitution but one imported! by England, which could be 
done, if England was so minded, without holding Round Table Conferences and com- 
mittees. Delay is said to be dangerous and it is therefore urged that provincial autonomy 
must come in first and as soon as possible, but why should there be any delay, at any 
rate, a delay of several years or even of eighteen months ? " 

The Indian Association. 

The Indian Association in a wire to the Secretary of State 'for India called attention 
to strong and widespread feeding against establishment of reformed constitution by 
instalments and entered its emphatic protest against Provincial Autonomy without 
simultaneous establishment of autonomous Central Government with safeguards. Pro- 
vincial re-form, the message 1 continues, with merd laying down of central system for future 
date will not allay unrest but is likely to lead to further aggravation. 

The long interview which Sir Tej Bahadur Sapru and Mr. J. R. Jayakar 
had with H. E. the Viceroy on June 17 gave rise to wide speculations in 
political circles about the procedure of constitutional reforms. 



THE REFORMS ISSUg. ft 

PROCEDURE OF CONSTITUTIONAL REFORMS. 

All speculations were however set at rest by the simultaneous announce- 
ment of the procedure of constitutional reforms in India by the Viceroy 
from Simla and the Secretary of State for India in the Commons in 
London on June 27. It makes provision for a single bill embodying provincial 
autonomy and federation. Among other things it proposes the abandon- 
ment of the Third Session of the Round Table Conference. The full text 
of the document follows : 

STATEMENT OF THE SECRETARY OF STATE. 

Since the policy of His Majesty's Government, as announced to the Round Table 
Conference, was endorsed by the Parliament, the primary concern of His Majesty's 
Government has been so to lay their plans as to facilitate its transmission into legislative 
results with the utmost possible despatch. 

The first immediate steps required to supplement the discussions of the Conference 
were enquiries of the three Committees which have s lately returned from India. 

The reports of two of thesei Committees are now in the hands of His Majesty's 
Government and as they hope shortly to receive! that of. the third, they arc in a position 
to indicate the methods by which they intend to make* fur their programme. 
A Single Bill. 

In the first place, His Majesty's Government have definitely decided to endeavour 
to give e'ffect to their policy by means of a single Bill which will provide alike for auto* 
nomous constitutions in the Provinces and for Federation of Provinces and States. They 
intend that this measure shall contain provisions for enabling Provincial Constitutions 
to be introduced without necessarily awaiting the completion of all steps required for 
the actual inauguration of Federation. Since it is an essential feature of His Majesty's 
Government's policy that Federation which it will bu the object of Bill to construct shall 
be a Federation of All- India, it follows that the units concerned must be prepared actually 
to federate and that proposals to be laid before thti Parliament to this end must be 
complete in all essentials. 

In particular, there must be reasonable assurances forthcoming at the time the 
Bill is introduced that financial and other provisions for the cementing of the structure 
will enable the Provinces, States, the Federal Government and Parliament alike adequately 
and harmoniously to fulfil their several functions and that the interust which require 
to be safeguarded shall be assured of practical and efficient protection. But it is their 
intention, so far; as it lies within their power, to spare no efforts to secure the fulfilment 
of these conditions and, to this end, they will continue to prosecute 'their endeavours to 
find means, as speedily as possible, for surmounting obstacles which a study of concrete 
details necessarily discloses. 
Further Sessions of the R. T. C. & F. S. Committee Nat Essential. 

His Majesty's Government have carefully considered the procedure by which they 
can, on the one hand, most expeditiously and efficiently overcome these obstacles 
and, on the other hand, retam advantage of consultation and co-operation with Indian 
opinion which the Round Table Conference was designed to secure. 

After carefully considering the present position, they are convinced that matters 
have now reached a stage at which a settlement of the urgent and important questions 
that still remain to be decided will only bci delayed by formal sessions of large bodies 
such as the Round Table Conference or Committees such as the Federal Structure 
Committee. They have cornel to the conclusion that expeditious treatment of outstanding 
questions will best be secured by the following programme winch, though it involves 
some variation in method, will secure to the full the collaboration which has been the 
underlying principle of the work accomplished hitherto. 
Communal Award in Summer., 

In the first place, they will take the next immediate! step towards the removal of 
an obstacle and will announce the decision which they have undertaken to give on these 
aspects of the; communal problem which now retard progress. They are now engaged 
in a settlement of the actual terms of the decision and unless unforeseen difficulties 
intervene, they hope they will be able to announce it sometime during the present 
summer. 

Consultative Committee to Reassemble. 

Secondly, on the assumption that the communal decision removes obstacles which 
have been impeding progress, thqy trust that a soon as their decisions have been 
announced, the Consultative Committee will reassemble and will proceed continuously 
with its programme of, work, bringing its collective advice to bdar on the numerous and 



40 THE INDIAN RECORDER. 

important questions, entrusted to it, many of which were not examined by the Conference 
or its Committees in London, subject to discussion in the Consulative Committee of 
matters which afftct both British India and Indian States. His Majesty's Government 
are considering means by which solutions may be facilitated and expedited of those 
difficulties which confront them in connection with matters affecting States alone. His 
Majesty's Government greatly hope that such progress may result from the Consultative 
Committee discussions. 
Informal Discussions in London. 

There may be found remaining over from its final Session only a few specific 
problems for example, financial safeguards of such a nature that they mi%lit appropriately 
be the subject of informal discussions in London with a few individuals whose personal 
experiences qualify them to speak with authority upon them. If this hope is fulfilled 
their intention would be, after such informal discussions, to pass straight to Parliamentary 
stage on the following lines. 
Inquiry by Joint Select Committee. 

His Majesty's Government consider that the final stage of consultation with Indian 
opinion can usefully take place only on definite proposals. 

They therefore propose to invite both the houses of Parliament to set a 'joint select 
Committee to consider their definite proposals for revisio-i of the constitution and to 
give the Committee powers to confer with the representatives of Indian opinion and it 
is their intention in the belief Uiat this course will commend itself to Indian opinion 
to invite Parliament to set up the, Joint Select Committee before introduction of a Bill. 
It has been the intention of successive Governments that a Joint Select Committee of 
both Houses of Parliament should be called upon at some stage to examine the proposals 
for constitutional reform. His Majesty's Government hope that, by their present decision 
to recommend that this important task shall be performed before any Bill is introduced, 
they facilitate Indian co-operation and ensure its effective influence in what is probably 
the most important stage m the shaping of Constitutional reforms and at a time before 
irrevocable decisions have been reached by the Parliament. 

The programme I have indicated is based on the hopu that enquiry by the Joint 
Select Committee may follow as the next formal stage after the conclusion of the 
Consultative Committee's business. But it mav be that the course of discussions in the 
Consultative Committee may prove that matters will not be ripe for formulating definite 
proposals for the consideration of a Joint Select Committee without further consultation 
of a more formal character In that event, at the cost of delaying their programme, His 
Majesty's Government will make arrangements accordingly, but they would regard it 
as essential unless the objects they have in view are to be frustrated, that th-ei size and 
the personnel of the body to be summoned! for such further discussions in London should 
be strictly determined with reference to the number and character of the subjects found 
to require further discussion. 

By a procedure formed on these lines His Majesty's Government hope to ensure both 
rapid progress towards the objective) in view and continuance of co-operation between 
British and Indian representatives, on the one hand and between the three British parties 
on the other, upon which so much of success of constitutional changes must inevitably 
depend. 

OPINIONS ON THE ANNOUNCEMENT. 

SAPRU-JAYAKAR STATEMENT. 

" The statement made by the Secretary of State as to the future 
procedure of the work which hitherto has been engaging the attention of 
the Round Table Conference and its ancillary committees of His Majesty's 
Government is of such far-reaching importance that it seems to us necessary 
that its full significance and implications should be clearly understood by the 
public at large." Thus runs the joint statement (issued on June 29) by 
Sir Tej Bahadur Sapru and Mr. M. R. Jayakar on Sir Samuel Hoare's 
announcement. 

The principal issues involved in the procedure adumbrated by Sir Samuel 
Hoare have been summed up in the statement which is reproduced below 
in full: 

The! Original Scheme. 

The Round Table Conference has met twice in London. Its second session was over 
on 1st December 1931, but the Conference itself in its collective capacity was simply 
adjourned, not dissolved. With a view to carrying on the complete work which could 



THE REFORMS ISSUE. 41 

hot be completed at its session in London His Majesty's Government decided, with the 
concurrence of the Conference, to appoint ceirtain committees, namely, the Indian 
Franchise Committee, the Federal Finance, the Indian States, and the Consultative 
Committees. The first two Committees have aftcar extensive and exhaustive enquiry, 
submitted their reports which have been published. The third committee, namely the 
Indian States Committee has, however, been carrying on its work in England also. Its 
report yet awaits publication. As regards the Consultative Committee whereof we have 
been members, it held two sessions at Delhi during the last cold weather under the 
chairmanship of His Excellency the Viceroy and adjourned to meet again on 23rd May 
at Simla when it was again considered necessary to adjourn its sitting to a future date. 
It now appears that His Majesty's Government do not propose to call any further session 
of the Round Table Conference or convene a muetmg of the Federal Structure Committee 
in London. Theyj have now published their proposals. 
Essentials of the Announcement. 

The essential features of the new proposals are: (1) Thure will be a single Bill 
which will provide alike for autonomous constitutions of provinces and for federation of 
provinces and States, (2) They will proceed to give sometime this summer decision on 
those aspects oi the communal problem which now retard progress, (3) The Consultative 
Committee will reassemble and will proccied continuously with its programme of work 
bringing its collective advice to bear on numerous important questions entrusted to it, 
many of which were not examined by the Oontoence or its Committees in London, 
(4) After the conclusion of the work of the Consultative Committee but before the 
introduction of the Bill a Joint Select Committee 'of Parliament will be set up to consider 
the proposals of the Government and thus the Government proposes to facilitate Indian 
co-operation and ensure effective influence at the formative state, (5) If the course of 
discussion in the Consultative Committee proves that the matter will not be ripe for 
formulating definite proposals for consideration of the Joint Select Committee without 
further consultation of more formal character, then arrangements will be made for the 
summoning of a body for further discussion in London, size and personnel of which 
would be determined with reference to numbei and character of the subjects requiring 
further discussion. 
Functions of R. T. C. recalled. 

This procedure is in our opinion, very widely different from that contemplated by 
the Round Table Conference on the terms whereon it was called. We will in this 
connection refer first to the historic announcement of Lord Irwm dated 1st November, 
1929, whereby it was decided, with the concurrence of Sir John Simon, the Chairman 
of the Statutory Commission to convene a Round Table Conference for seeking the 
greatest possible measure of agreement for final proposals which it would later be the 
duty of His Majesty's Government to submit to the Parliament. The full scope of this 
statement was further explained by Lord Irwin in his inaugural addre/ss to the Indian 
legislature on the 9th July, 1930 as follows : " I now," said Lord Irwin, " am able to define 
its functions (of the Conference) more precisely. After very careful consideration, His 
Majesty's Government has reached the conclusion that it would not be right to prescribe 
for the Conference any terms more limited than in rny statement of November last and 
that the Conference should enjoy full freedom. These words connote that the Conference 
will be free to approach its task greatly assisted indeed but with its liberty unimpaired 
by the report of the Statutory Commission or by any other documents which will be 
before it. It is the belief of His Majesty's Government that by way of conference, it 
would be possible to reach solutions that both countries and all parties and interests in 
them can honourably accept. And any such agreement at which the Conference will 
be able to arrive will form the basis of proposals which His Majesty's Government will 
later submit to Parliament. From such definition of the scope of the Conference it is 
clear that His Majesty's Government conceive of it not as a mere meeting for discussion 
and debate but as the joint assembly of representatives of both countries, on whose 
agreement precise proposals to Parliament may be founded/' It will thus be seen that 
the essence of the method was that the proposals before Parliament would be madei by 
the Government on the basis of the largest measure of agreement that might be reached 
at tire Conference. We feel that the new plan by dispensing with further meeting of 
the Federal Structure Committee or the Round Table Conference dispenses with and 
supersedes the deliberate policy of His Majesty's Government referred to above as 
regards the method of approach to the Indian problem. 
Prime Minister on Method of Co-operation and Consultation. 

In support of our view we would rafer to the speeches of the Prime Minister and 
Lord Lothian, Under-Secretary of State for India. In his speech at the last sitting 
of the second session of the Round Table Conference delivered on 1st December 1931, 
the Prime Minister discussed the question of machinery to be set up for close and 
intimate consideration of specific problems and in doing so he stated as follows: (a) I 

6 



41 THE * N D t A N RECORDER. 



propose therefore with your consent to 'nominate in due course a small representative 1 
committee, working committee of this Conference, which will remain in being in India 
with which through the Viceroy we can keep in effective touch. I cannot here now 
specify precisely how this committee can, best be employed. This is a matter which must 
be carried out and must to somei extent depend on the report of the Committees we 
propose to set up, but; in the end we shall have to meet again for a final review of the 
of the whole scheme, (b) On 2nd December 1931, the Prime Minister moved a resolution 
before the House of Commons asking for its approval of the Indian policy of 
His Majesty's Government. In the course of his speech, Major Atlee interjected a 
question asking whether the Committees to be appointed were going to report back 
to the Round Table Conference and the Prime Minister, dealing with the question, said, 
among other things, as follows. "I want to tell the House without any reserve that I 
am perfectly convinced that the work which has been done could have never been done 
by any method except the method of co-operation and consultation and t say further 
that if any Government here will try to change that now it would destroy all chance 
of continuing in agreement and co-operation with India itself. The method whereby 
the Round Table Conference has been handled is the only mwthod that will enable India 
and ourselves to come to an agreement, to work that agreement in harmony, and use 
that agreement for the benefit of, India itself aru^ also the honour and, good of the whole 
community to which 'we belong." Further, the Prime Minister, in reply to another 
question by Major Atltie, stated a? follows: "Obviously the Round Table Conference will 
remain and in the end we shall have to meet again for a final review." Thereupon 
Major Atlec said : "It is satisfactory to note that the method of negotiation through the 
Round Table Conference is to continue and that this is an interim process during which 
certain committees are going to report." 

Lord Lothian's Assurances. 

"In moving the same resolution in the House of Lords, Lord Lothian, the Under- 
secretary of State for India said as follows: "At some later date, when all necessary 
material is ready, the Round Table Conference will reassembly in some form for a final 
review of the whole scheme and thereafter draft a constitution which will be/ presented 
by the Government for the consideration and decision of Parliament." 
Work of R T. C. Remains Unfinished. 

It will thus appear that it is clearly the intention of His Majesty's Government to 
assemble in Conference for a final review ot the work of the committees when it would 
be possible for the 'representatives of the Indian States, His Majesty's Government and 
other British Parties to come to certain agreements, We need scarcely point out that 
safeguards (finance, defeince and foreign policy) have not yet been agreed to. Indeed, 
certain proposals were made bv both sides but no agreement has yet been recorded 
finally. 

Drawbacks of the Announced Procedure. 

Now- we desire to point out that, in our opinion, in the absence of representatives 
of the British Government and other British parties and the Indian Princeswhose 
ministers have no authority to bind them m the> Consultative Committee, it is impossible 
for that Committee to register any agreement with British opinion and such agreements, 
if aimed at, must stand over until select Indians meet the Joint Parliamentary 
Committee or until a formal but smaller body than the Round Table Conference is 
summoned to London in the contingency contemplated by the new announcement. We 
cannot see why, if Government propose to bring about a discussion between the Joint 
Select Committee and individuals on definite proposals and why, if they contemplate also 
the possibility in a certain contingency of something of a formal though small body of 
Representatives, they should not have at once decided to constitute a much formal body 
which should meet in London to carry on discussions with the Joint Parliamentary 
Committee and treat it with on terms of equality. Our insistence is not and has not 
been that a full Round Table Conference should be summoned a third time but we urged 
and do still urge that a smaller body, the personnel of which may inspire confidence, 
should meet for a final review of the work of the committees 'including the Consultative 
Lornmittee and for treating with the British representatives. We certainly should 
not be assumed to favour a procedure so far as it contemplates the summoning, 
after the conclusion of the Consulative Committee of individuals to be selected 
by the Government It would have been a different thing if, in the selec- 
tion of representatives, the Conference itself had any voice. We are aware 
that it has been suggested in certain quartets that the Conference method has not been 
successful. Whatever persons not connected with the Conference may say in regard to 
this matter the Prime Minister himself observed in his statement before the Conference 
that these Conferences had not been failures in any seinse of the term. We ourselves 
are- respectfully prepared to endorse this view. We were painfully conscious at the last 
session of the Conference that a certain section of British opinion, which in the altered 



THE REFORMS ISSUE 43 

state of Parliamentary parties, possessed considerable influence, did not favour the 
Conference plan and thought that it would lead to no good. 

But we are also conscious that the mutual exchange of views and the timely 
intervention of the Prime Minister himself and British statesmen like Lord Reading, 
Lord Sankey, Mr. Wedgwood Bcnn, Mr. Lee-Smith and Mr. Pethwick Lawrence 
enabled the last Conference to gel over certain critical situations which seemed to 
threaten its very existence and to bring to abrupt and the work it had upto that stage 
been able to accomplish and to destroy the spirit which it had generated. 
Limitations to Support of a Single Bill Plan 

We are aware that His Majesty's Government have taken an important decision in 
so far as they indicate their intention to proceed with a single Bill but it is clear from 
the announcement that they propose to introduce provincial constitution^ first, Federation 
following later. 

Our support of a single Bill plan should not be, in any manner, assumed to carry 
with it support of all the implications of the passage dealing with it in the official 
announcement. If the hiatus between the provincial constitution and the central 
constitution is going to be a long onci and we have reason to apprehend this danger 
then we cannot clearly support such a proposal. Again, when it is said that before 
All-India Federation materialises, the units concerned must be prepared actually to 
federate, we must strongly dissent from this proposal, if it means that it will be left 
to the provinces to decide whether they will or will yot join the Federation. For it is 
clear that one single province may, by adopting a perverse and obstinate attitude, hold 
up Federation indefinitely and thus make the provision of the Bill absolutely nugatory. 
Of course we recognise that so far as the association of Indian States is concerned 
Parliament can only provide for thair entry on a voluntary basis, but to extend this 
principle of voluntary basis to the provinces is, in our opinion, to endanger the whole 
scheme of Federation. In our discussions in England with British statesmen we 
repeatedly prussed this point of view and we continue to be of the same opinion. 

Question of Delay 

Coming to the question of delay none is more anxious than ourselves for the 
establishment of the new constitution but we cannot see how the summoning of fourteen 
or fifteen members of the Federal Structure Committee and nine members of the Indian 
States, the rest being in England, would have caused any material delay. In any case 
it seems clear from the announcement itself that the drafting experts have not been 
sitting idle, for, if definite proposals are to be the basis of the future discussion they 
can be put forward either as clauseis of the Bill or as propositions which may ultimately 
be shaped into clauses and thus it seems to us there cannot be much room 1 for appre- 
hending delay by sticking to the old basis. 

No Final Judgment Yet 

It is not difficult to read in the new announcument a considerable measure of pressure 
exercised upon the Government by an overwhelming majority of the Conservatives in 
Parliament and oiu experience, of last year justifies u& in viewing the new proposal of 
Government critically . We have approached these proposals with every desire to 
understand them and to promote thu work that lies ahead but the announcement, as it 
has appeared, is not sufficient in our opinion to ^nable us to form the final judgment. 
We shall await reports of Parliamentary debates which may possibly make the position 
more clear. We shall also wait for further developments and then issue a further 
statement defining our attitude. 

OTHER OPINIONS. 

The Rt. Hon'ble V. S. Srinivasa Sastri interviewed regarding Sir Samuel Hoare's 
statement said that the change of procedure goes to the root of the matter. If experts 
and people with specialised experience are only to give evidence before the Joint 
Parliamentary Committee dominated as it must be by Conservatives, a new constitution 
will be imposed, a constitution not one to which the progressive parties in India have 
previously ^agreed and which they may naturally be expected to accept. 

Mr. Sastri added: "No more striking demonstrations could be given to India of her 
helplessness than the way she is now being made the sport of partv * icissitudes in 
another country. We should never feel safe again unless the Constitution is placed 
once for all beyond the hazards of English politics." 

Concluding Mr. Sastri asked: "With the Congress put out of action in the 
constitutional field, have the remaining Nationalist elements like the Liberals and 
advanced Mahometan group any chance of obtaining from the Joint Parliamentary 
Committee a constitution conformable to their expectations? The present decision 
of His Majesty's Government humiliates them in the extreme They tnust now consider 
seriously what their future attitude should be. The position at the moment is so 
exasperating that no wise decision can be taken until more information has come and 
things have become clearer." 



44 THE INDIAN RECORDER. 

Giving his views on the statement issued by Messrs. Sapru and Jayakar, 
the Rt. Hon'ble Sastri said on June 30: "By pleading for the restoration of 
normal administration and for superseding the Ordinance regime as well as by 
a gallant stand for the policy of Lord Irwin and the late Labour Government 
they have placed themselves on unassailable ground. The country will support 
them in the two demands, first, that the provinces after they become* autonomous 
must not be allowed to canvass once again the wisdom or unwisdom of the 
federation policy and that there should be no long interval between provincial autonomy 
and central responsibility. They throw out one positive suggestion, namely, that there 
should be a Round Table Conference on a smaller scale than before, seeing that 
Government themselves contemplate such step, in case the Consultative Committee proves 
inefficient. One may hope that they will be persuaded to take the step unconditionally. 
The plan has great merit of placing Indian delegates on same footing as their British 
colleagues and revives 'in part, the original principle of thd Round Table Conference." 

Mr. C. Y. ChinUmani, President, National Liberal Federation, criticised the unspecified 
interval in between the introduction of Provincial Autonomy and Central responsibility. 
He feared that while theoretical satisfaction would be given to Indians by statutory 
provision for federal government, in actual fact, the so-calleid autonomous governments 
would be functioning in the provinces for a long while the Central Government remaining 
what it was, the excuse or reason being delay on the part of the Princes in agreeing to 
terms acceptable to British" India. 

He added that that could not be contemplated with equanimity by Indian 
nationalists. He affirmed that there should be no delay in its introduction and alter- 
natively suggested the adoption of Sir P. S. Sivaswami Iyer's plan for British India to 
have Central responsibility first and the States to come in as and when they are ready 
singly or collectively. Hei also expressed dissatisfaction with the new procedure and 
protested against the unceremonious burial of Conference notwithstanding the great 
things said of it by the then Viceroy and the assurances given by the Premier last 
December. He also added that the proposed Joint Select Committee of Parliament 
before the introduction of the Bill was but a revival of the offer made at the time of the 
Simon Commission. That did not succeed then in persuading the Nationalists to abandon 
boycott of the Commission and nothing had happened since that it could be viewed 
differently. The reason was that Indians wliQ were invited to confer with the Committee, 
would not and could not take part in the deliberations and its report to Parliament. 

Sir Phiroze Sethna, former President of the National Liberal Federation, in course 
of a statement said, "If the Indian people are losing faith in British Government, action 
such as Sir S. Hoarefs must tend to accentuate such distrust. Sir S. Hoare's pronounce- 
ment antagonises all sections of the politically minded Indians and instead of improving the 
situation definitely worsens it. It looks as if there is not going to be peace in the 
country and the new constitution instead of helping may aggravate matters." 

Sir P. S. Sivaswami Aiyar stated- "While a federation of All-India is desirable and 
necessary, the introduction of central responsibility so far as British India is concerned 
cannot be indefinitely postponed or made to hang upon the realisation of the federal 
idea. The announcement would have given .satisfaction, if there had been any indication 
that in, the event of the federal scheme not materialising, or in the event of its involving 
considerable delay, the central responsibility would be nevertheless introduced in British 
India, but this apparently is not intended or desired by the present Parliament or 
Government. The federation of Indian States is mainly desired by the Conservative 
politicians of England as a powerful brake upon possibly liberal or democratic tendencies 
of a legislature composed of British Indian politicians." 

Mr. N. C. Kelkar thought that the proposed procedure, without materially shortening 
,the time for actual introduction of reforms, would only cause 1 an all-round dissatisfaction 
by an absolute retention of initiative in their hands by the Government and nullifying 
the effect of co-operative consultation. "The only relieving 1 feature," he added, "seems to 
be the opportunity for the expression of Indian public opinion before the Joint 
Parliamentary Committee, which would be sitting before the actual framing or rather 
introduction of the Bill in the! Parliament. But it is obvious that the Joint Parliamentary 
Committee would naturally feel/ bound to limit discussion on the contents of the 
embryonic bill to decisions at which the Government may have arrived already. There 
is not t much hope that thei reforms are actually going beyond the scope of the Simon 
Commission Report, though there may be some vague reference in the Bill to a possible 
future federation." 

Mr. J. N. Basu in a statement! said : " The procedure laid down by Sir Samuel Hoare 
rules out the Conference method and leaves the ultimate shaping entirely in the hands 
of the British Government without reference to the agreement or otherwise with 
responsible Indian opinion regarding the decision as to the form of the constitution. 
It was pointed out at the Round Table that India refused to be ruled by an 



THE REFORMS ISSUE. 45 

administrative agency which was responsible not to the people of this country but was 
said to be responsible to the British Parliament. It was demonstrated that m practice 
the responsibility of the British Parliament was, in fact, no responsibility, inasmuch as 
the British Government and the British Parliament accepted the views and the version 
of the officers in this country irrespective of actual happenings and of what the people 
of this country thought about those happenings. The Round Table was summoned to 
put an end to a state of things which had not the essentials of permanence not being 
based on the willing acceptance of the people. The method now put forward by the 
British Government is going back upon what had been solemnly declared as the policy 
of the British Government and the British Parliament. The method may be sought to 
be worked but the working of it would be without the willing co-operation of the people 
of this country. It is a matter of deep regret that political experience and political 
foresight have been ignored, as also tha present ^situation, commercial, political and 
otherwise, which has been brought about by persistence in the policy of which Sir 
Samuel Hoare's declaration is an indication." 

Mr. M. C. Chagla felt that at the Round Table Conference Indian representatives 
enjoyed equal status and played an important role in the, task of drafting a constitution 
but before the Joint Parliamentary Committee they will have to appear as advisers and 
witnesses having no say in the task of constitution -making. 

Mr. S. B. Tambe, formerly acting Governor of the Central Province's and member 
of the Round Table Conference says: "The staterrfcnt of Sir Samuel Hoare ought 
not to have surprised or disappointed any member of the Round Table Conference who 
was in England in November-Decemher 1931. It was common belief that Conservatives 
were anxious to kill then the Conference but failed in the attempt. It has now been 
broken. The present Government docs not wish to recognise the right of self-determina- 
tion of Indians implied and acknowledged by the Labour Government. The statement 
of the Secretary of State does not merely indicate a departure in procedure, but it is 
a denial or suppression of rights, natural or acknowledged. Sir Samuel Hoarei stated in 
the course of the debate that the methods proposed were particularly desired by the 
Princes themselves. What does that signify ? The statement leaves an impression that 
the Princes are being isolated from British Indian representatives. Perhaps the advice 
of Mr. Winston Churchill against a policy of "combine and abdicate" was anticipated." 

Sir Abdur Rahim, leader of the Independent Party m the Assembly, says that the 
method of Conference has been definitely abandoned in favour of consultation. He 
suggests that even now the method of asking legislatures in India to co-operate more 
directly and closely could be tried. He adds that the removal of the question of financial 
safeguards from the cognizance of the Consultative 1 Committee is bound to cause wide- 
spread uneasiness in the public mind. 

Dr. Shafaat Ahmad Khan issued the following statement : " Sir Samuel Hoare's 
statement on the future procedure of the work of the Round Table Conference is on 
the whole satisfactory and Indian opinion will heartily support the plea for expeditious 
disposal of the points on which it has not yeit been possible to arrive at an agreement. 
Every one will endorse Sir Samuel Hoare's plea for a single Bill and everyone will be 
pleased to hear that His Majesty's Government has decided to go ahead with provincial 
autonomy. Had it k bcen possible to introduce responsibility in the provinces and the 
federal centre simultaneously without delay the Government, no less than influential and 
responsible parties in India, would have been delighted, but at the present time* even 
the warmest supporters of the federation scheme have not denied that ,an interval must 
elapse between the introduction of responsibility in the provinces and in the federal 
centre. The statement of the Secretary of State makes it perfectly clear that provinces 
of British India will not have to wait long and will be conferred virtual autonomy 
immediately after the Bill is passed into law. I would like to emphasise the point that 
it is essential that there should be no undue delay in the inauguration of responsibility 
in the federal government." 

Maufana Shafi Daudi made the following statement : " India is now impatient to 
have a new system of Government. The system must come into being without the least 
delay. The sooner it comes the better for all concerned. This is, my reason why I like 
the time table as enunciated by the Secretary of State in Commons. 

"The third R. T. C. is not a necessity. The situation urges prompt decision and 
'bona fide* action. The whole thing, of course, must be based on the conclusions arrived 
at by the Committees. At every stage in the future Indians of all schools of thought 
truly representing the several interests in the country must be taken into confidence. 
Sir Samuel Hoare has oncei more stressed 1 that there could be no central responsibility or 
provincial autonomy unless the communal question was decided. He has repeated the 
pledge that the Government would be prepared to make a decision and said that they 
intended to do so during the summer, which I understand is the end of July. We have 
again to wait and see whether this pledge is honoured and how far the demands of the 



46 THE INDIAN RECORDER. 

Muslims, the fairness and justice of which has so often been obvious, are accepted and 
Muslim interests safeguarded in the future constitution of India." 

Mr. C. F. Andrew* made the following statement : " I am profoundly disappointed 
at Sir Samuel Hoare's statement, seeing that there is nothing whatever in it of a con- 
ciliatory character. His review of the Indian situation is nothing less than an insult 
to the Indian intelligence. He does not refer to any move on the part of the Government 
of India to initiate negotiations with the Congress. As for future procedure in regard 
to the Reforms Bill the fact that Mr. Churchill strongly commended Sir Samuel Hoare's 
speech almost entirely reveals the length of the reaction to which the present Government 
has gone in refusing conciliatory measures." 

Mr. Winston Churchill in an article in the " Dailyj Mail" compliments Sir Samuel 
Hoare for exercising over the Indian affairs an amount of control which has not been 
exercised since the administration of Lord Birkenhcad or Lord Morley. Continuing he 
says that the Government has returned to the proper orthodox parliamentary procedure 
prescribed by the Government of India Act of 1919 upon which Lord Birkenhead resolute- 
ly and faithfully embarked and from which I have always said we ought never to have 
strayed. Parliament's control over the future development of India has now been 
effectively restored. He is glad that there is to be no recrudescence of the Round Table 
Conference and that the Federal Structure Committee is to conic to an end. He adds, 
"There are to be no more committees of minor or budding politicians peregrinating round 
India. The Government is to m~akc its own proposals which arc to be submitted to the 
Joint Committee of both Houses. For the first time in recent years the House of Lords 
WiU be able to bring its immense expert authority on Indian questions to bear upon the 
problem. The members from the House of Commons, unless gross abuse and fraud 
is perpetrated, must fanly represent both sides of the question. The Government is 
breaking away from the detestable pretence of making a treaty with an abstraction called 
"India" a political India which means little more than a handful of disloyal politicians. 
The broad issue which Parliament wi ! l have to deal now is "Ought we to give a demo- 
cratic constitution to" India at the present and endow persons chosen by the Indian 
electors with responsibility for Central Government of that vast Empire ? " 

Mr. Fenner Brockway, leader of the British Independent Labour Party declared: 
"The decision of the Government to introduce a Bill ends Indian co-operation in a farce. 
I have never believed this. The Govei nmetut's invitations for Indian co-operation has 
been sincere, and the Bill which is now likely to be introduced will be of a character 
that no self-respecting Indian can accept. The whole thing is about ten years out of 
date. India will only accept full responsible Government at the centre. Day by day 
I am getting increasingly convinced in my view that India must work out her own 
constitution through some kind of 'National constituent assembly/ So far as the 
Independent Labour Party is concerned, it will continue to insist on India's right to 
independence and extend its fullest support to the Indian national demand." 

The "Time*" says' The Government's declaration of policy regarding India is a 
courageous and frank attempt to accelerate the proculure, at the same time maintaining 
the closest co-operation with constructive Indian opinion to the very end. In connection 
with the Joint Select Committee's consultation with a representative body of Indians, the 
paper observes that it would surely be inexpedient to convoke a body, identical in 
numbers arid personnel with the Round Table- Conference or larger than the situation 
and subjects for discussion demanded. The paper hopes, that the Indian delegates will 
be as representative as possible and that also no personal consideration will tempt any 
Indian political leader to prefer slower motions of the Round Table Conference to the 
practical and expeditious programme now proposed. The delays for which neither the 
British Government nor the Government of< India was responsible had previously aioused 
suspicion and disappointment, which, however, unreasonable, might conic, to a dangerous 
head, if months elapsed, without some concrete constitutional advance 

The "Manchester Guardian" writes. "Compromise in one form or another is the 
only policy that is immediately practical. We can neither govern nor get out and so 
it is necessary to devise a constitution that seems to India like sdf-Government and 
at Westminster like "British Raj". The sooner it is done the better. No more gestures, 
oratory and picturesque assemblies ; an India Bill with Provincial Autonomy and an 
All-India Federation, that is what the situation demands." 



THE OTTAWA CONFERENCE 

THE INDIAN DELEGATION. 

AN announcement was made on April 4, 1932 in the Legislative Assembly 
relating to India's participation in the Imperial Economic Conference 
to be held at Ottawa next July. It was stated that the Government of India 
accepted the invitation extended to them to take part in the discussion at 
Ottawa of the question whether, having regard to the new tariff policy of 
His Majesty's Government in the United Kingdom, Great Britain and India 
should enter into a tariff agreement embodying a reciprocal preferential 
regime so designed as to benefit the trade of both countries. It was further 
announced that the Viceroy with the approval, of the Secretary of State 
for India had appointed the following gentlemen to represent India at the 
Conference: Leader, Sir Atul Chatterjee; Members: Mr. R. K. Shanmukhan 
Chetty, Sir Pestonji Ginwala, Seth Uaji Abdullah Haroon, M.L.A., Sahibzada 
Abdul Samad Khan and Sir George Rainy. 

WHY GOVERNMENT DECIDED TO TAKE PART 

The circumstances in which the Government of India decided 1 to take 
part in the negotiations are stated in a letter dated April 6 of the Department 
of Commerce, Government of India. 

The Government of India's policy has hitherto been based on a single- 
decker tariff consisting mainly of purifiy revenue duties but containing certain duties 
imposed in pursuance of the policy of discriminating protection for Indian industries. 
In the case of two classes of imports, namely, articles manufactured from steel and 
cotton piece-goods, differential rates of duty are at present in force upon goods of 
British and those not of British manufacture. These differential rates of duty were, as 
was explained when the relevant legislation was under consideration, incorporated in 
the tariff in the interests of the consumer in India. All commercial treaties and trade 
agreements into which India has entered with foreign countries are, in the matter of 
tariffs, confined to the reciprocal grant of the most-favoured-nation treatment, that is 
to say, India undertakes in them to grant to the other party treatment in respect of 
imports and exports not less favourable than that given to any other foreign country.. 
No treaty or trade agreement has hitherto been entered into on a bargaining basis, by 
which is meant the grant of a preferential rate of import duty in India in return for 
the grant of reciprocal benefits by the other party to the agreement. Now the Import 
Dutkis Act, 1932, recently passed by the British Parliament, has imposed with effect from 
the 1st March, 1932, a general duty of 10 per cent, ad valorem on all goods imported 
into the United Kingdom with certain exceptions and has empowered the Government 
to impose additional duties on the recommendation of an Advisory Committee. Under 
the provisions of the Act goods produced or manufactured in the Dominions and India 
will until the 15th November, 1932, be fren of the general duty of 10 per cent, and also 
of any additional duty which may be imposed Dominion and Indian products have thus 
been given free entry into the United Kingdom for a period of (tight and a half months 
and the object of this provision is to give an opportunity to each country in the Empire, 
if it so wishes, to enter into a trade agreement with the United Kingdom. If no such 
agreement is made with India, His Majesty's Government in the United Kingdom will 
be free after the date mentioned above to impose on all imports from India any duty 
authorised by the Act. 

In the circumstances, the Government of India considered that it was clearly in 
the interests of the country that the offer made by His Majesty's Government in the 
United Kingdom should be accepted in order that the possibilities of a special trade 
agreement might be discussed by representatives of the two Governments in connection 
with the forthcoming Imperial Economic Conference at Ottawa. At the same time, 
they have made it clear that if the conclusion of a trade agreement between Great 
Britain and India is recommended involving tariff, ar.v such changes proposed will be 
placed before the Indian Legislature for its approval, and that the Government of India 
have no wish to put any such changes into effect unless the Legislature is satisfied that 
they are in the interests, of India. 



48 THE INDIAN RECORDER. 

The Government of India in the Commerce Department invited the various 
commercial bodies in India to make proposals or suggestions which they might wish to 
make regarding the matters which, in tneir opinion, needed specially to be brought to 
the attention of the Indian Delegation. 

INDIAN MERCHANTS' CHAMBER ON THE DELEGATION. 

In a communication addressed to the Department of Commerce the 
Indian Merchants' Chamber expressed its views on the Delegation. 

The Committee of the Indian Merchants Chamber of Commerce, Bombay deplored 
that the personnel in the case of India would be materially different from that of every 
Dominion represented at the Conference. Government had the opportunity of consulting 
the Legislature and also of inviting the views of central commercial associations like 
this Chamber on the personnel and it was regretted that this was not done. A delegation, 
which thus consisted merely of nominees of the Indian Government, that had been in 
the past described as a subordinate branch of His Majusty's Government, might be useful 
in the collection and dissemination of relevant information, but must, necessarily, lack 
the authority to bind this country even for the immediate future'. Nor could it claim 
to speak in the name of India, or to have Indian public opinion definitely behind it. 
They regretted that the Government of India had not made an attempt to make India's 
participation real in the Conference by associating with the delegation representative 
Indians, whose experience and aUvice would be at the disposal of the delegates. The 
Committee do not know whether Government consider it too late to remedy this 
omission. 
Grounds of Opposition to Imperial Preference. 

With regard to the) main issue, viz., "a policy of trade agreements between different 
countries of the Empire," the Committee expressed clearly that they were always opposed 
to the policy on the* ground that India was not an equal member 1 of the Empire! on a par 
with the Dominions. 

The Committee suggested that India's acceptance of a general policy of Imperial 
Preference or of any broad principle envisaging trade agreements between the various 
part of the Empire should be deferred till after India has, in the matter of its constitution, 
attained the status of a Full Dominion. 

The Committee further felt that nothing should be don-ei, which would preclude the 
freedom of India either in the near future, or thereafter, to undertake negotiations and 
to effect advantageous trade agreements with important customers and important buyers 
of India's produce and products, who might not be members of the Empire. In other 
words, thev wetre emphatic that political considerations should be altogether eschewed 
from the deliberations at Ottawa. 

Existing trade, which is the outcome of many years' arrangements without the sort 
of preference which may now be proposed, would takei considerable time to readjust to 
the conditions, and it is not feasible to calculate* in /advance the full effects and to fore- 
cast the full mutual benefits, which may arise. 

By elimination, the scope for any really useful and mutually satisfactory arrangement 
is limited to concrete propositions with regard to certain items of India's exports to 
U. K. and certain items of India's imports from the U. K. In the absence of all detailed 
information and of the expression of any definite proposals from the Government of 
the United Kingdom, the Committee would advise the delegates to only listen to the 
discussions. 

The Committee think that considerations of revenue arising out of existing tariffs 
and affecting Government finance would also find a place in the examination of whatever 
proposals emanate. Nor can any representative Indian omit for one moment the reaction 
on India's important customers outside the Empire and the possibility of retaliation from 
that quarter. 

The Committee urge on the members of the* Delegation the use for extreme caution 
and above all for not committing either the Government of India, whom they represent, 
or the Government of India responsible to the people, which may comet to be established 
hereafter, to any principle or policy, however general it may be, until such principle or 
policy has received attention and examination in this country. 

In concluding the Committee trust that in ascertaining the views of the Legislature 
on this question Government will direct the official block and their nominees not to vote. 

MILLOWNERS' ASSOCIATION OF BOMBAY 

The Millowners 1 Association of Bombay, which was invited to make 
suggestions for consideration by the Indian Delegation in a letter to the 
Government of India, stated: 

"The question is one on which it is difficult for any public body to express a definite 
opinion at this stage. Even if the matter is to be looked at from the strict business 



THJ8 OTTAWA CONFERENCE 40 

point of view and the political consideration inherent in a discussion of the problem, are 
to be brushed aside, no, definite conclusions can be reached until the whole field of the 
commercial and industrial relations of the two countries is covered by a detailed 
investigation. 

"India cannot be expected to pronounce its opinion either on the principle of 
Imperial Preference or its application to the existing circumstances until reliable data 
are available, which would clearly establish the advantages to be gained by India by 
reciprocal trading agreements between the two countries. Such an investigation is only 
possible at the Conference which has been convened and until its conclusions are known, 
judgment has perforce to be reserved. 

"The Association are of the opinion that no action should be taken on any of the 
recommendations of the Ottawa Conference without a reference to the Legislature and 
that the commercial and industrial interests of this country should be given a full 
opportunity to express their opinion before the Legislature is called upon to deal with 
such recommendations." 

FEDERATION OF INDIAN CHAMBERS OF COMMERCE. 

The Federation of Indian Chambers of Commerce and Industry, Bombay, in a 
representation to the Government of India commented on the unrepresentative character 
of the delegation and pointed out that in the absence of any definite information as to 
the attitude of the Government of India at the said Conference beyond a mere statement 
in the Assembly, the Committee of the Federation had* no idea about the implication of 
the various proposals before the Conference relating to Imperial Preference and 
Reciprocity. The Committee also sounded a note of warning against committal to any 
policy and emphasised that the Ottawa decisions could not be binding on India. 

MAHARASHTRA CHAMBER OF COMMERCE, BOMBAY 

The Committee of the Maharashtra Chamber of Commerce was afraid that it might 
be possible to arrive at some arrangements adversely affecting India requiring no changes 
in tariffs and consequently involving no reference to and approval of the Legislature 
of the country. The Committee was doubtful if India was likely to be benefitted by it 
in the present stage of its economic development and wished that a Conference like 
this had not come about on the eve of the momentous changes now in the making. 

BURMA CHAMBER OF COMMERCE 

The Burma Chambar of Commerce in a communication dated April 22, gave its 
fullest support to the proposal that such a tariff agreement should be concluded and 
was of opinion that the agreement would be definitely to the benefit of both countries. 
So far as it concerned Burma, which was dependent on her exports of agricultural 
products and raw materials for her prosperity, the Chamber was strongly of opinion that 
it would be a great advantage to her trade with the United Kingdom if a reciprocal 
agreement was arrived at, under which her products would receive the benefit of a 
preferential tariff in the United Kingdom. 

It was understood that the views of the Chamber were asked for on the basis of 
Burma still being a part of India, but in the event of separation of Burma from India, 
a separate agreement, differing possibly in details, would have to be negotiated between 
Burma and the United Kingdom. 

INDIAN CHAMBER OF COMMERCE (Calcutta) 

Commenting on India's participation in the Ottawa Conference, Indian Chamber of 
Commerce assert that after a due consideration of all relevant facts they see no 
justification at present for India entering into any tariff agreement with Great Britain. 
The Committee feel that India has not much benefit to derive,, as a study of the statistics 
of foreign trade of India indicated that the importance of the; United Kingdom in the 
supply of manufactured commodities was declining in favour of Japan, U. S. A., etc., 
while the large bulk of the commodities exported to the United Kingdom came under 
the heading of raw material and foodstuffs. That India does not enjoy unfettered 
control over her fiscal policy is made a further ground of objection. 

OFFICIAL ADVISERS TO THE DELEGATION 

A communique dated June 14 announced that Mr. H. A. F. Lindsay 
(Indian Trade Commissioner, London), Sir Samuel Smyth (Adviser for 
Burma) and Mr. B. C. Burt (Agricultural Expert, Imperial Council of Agri- 
cultural Research) had been appointed official advisers to the Indian Delega- 
tion. 



ORISSA BOUNDARY COMMITTEE 
RECOMMENDATIONS OF THE COMMITTEE; 

IN view of a strong desire amongst the Oriyas for the amalgamation of 
the Oriya-speaking tracts a Committee was appointed on 18th Septem- 
ber, 1931 'to examine and report on the financial and other consequences 
of seating up a separate administration for Orissa, and to make recommenda- 
tions regarding the boundaries in the event of separation/ The Committee 
was presided over by Sir S. P. O'Donnell with the Hon'ble Mr. H. M. Mehta 
and Mr. T. R. Phookun, M.L.A., as members. The Raja of Parlakimedi, 
Mr. Sachchidananda Sinha and Rao Bahadur C. V. S. Narasimha Raju were 
co-opted as members, and shared in the proceedings but took no part in 
drafting and signing the report. 

The first meeting of the Committee was called at Patna on November 7, 
1931, when the procedure to be followed in the course of the enquiry was 
discussed. The Committee reassembled at Jamshedpur on November 23 and 
subsequently visited Chaibassa, Sambalpur, Raipur, Midnapur, Gopalpur, 
Waltair, Cocanada and Cuttack by January 14, 1932 and examined in all 410 
witnesses. The report which is a unanimous document was signed on 
April 19, 1932 and issued on May 25, 1932. 

Considerations Made in Framing the Report. 

In framing their proposals, the Committee have taken into account language, race, 
attitude* of the people, geographical position, economic interest and administrative 
convenience, and have attached primary importance to the wishes of the inhabitants. 
The views of the people on either side of the boundary were not ignored, in order to 
ensure the greatest measure of agreement between the area losing and the area gaining 
territory. 

In framing the estimates of revenue for the new Province, the Committee have 
assumed that the sources of revenue will be those- at present allocated to the Provinces. 

Similarly, in the estimates of expenditure, they have adhered closely to the existing 
standards both of salary and administration, at the same time assuming that suitable 
economical arrangements would ba adopted. 

FINDINGS OF THE REPORT. 

According to thei report a Province of Orissa can be created with an area of 
approximately 33,000 square miles and a population of about 8,277,000 persons. It will 
include Orissa Division, Angul-Khariar Zamindari of Raipur District and the greater 
part of Ganjam district and of Vizagapatam Agency tracts. 

As regards long term prisoners, training of constables, etc., it will rely on institutions 
maintained by Bihar, to the cost of which it will make a contribution. 

The Committee have based their calculations on laws and orders now in force, and 
have left it to the new Government and its legislature if any alterations were required. 

As regards the Services, the present rates of pay will continue to be paid. It will 
be necessary in case of All-India Services to borrow officers from other provinces. 
There will be inconveniences of language in this course, but there! could be no other 
alternative. In other respects, the new province will not be faced with any special 
administrative difficulties. 

The new Province will not have a High Court or a University. 
Assets and Debts 

With regard to interest and reduction of debts, the Committee have takqn the sarne 
view as the Sind Financial Enquiry Committee, namely, that the only equitable) distribution 
both of assets and debts is, for Orissa to take over all assets situated in the new province 
and for Bihar and Madras to take oyeir all these situated in Bihar and Madras, each 
party taking; with its assets the liabilities attached to them. 

The basic .revenues of the new province* are calculated at Rs 136.58 lakhs, and the 
basic expenditure, including the debt charges, at Rs. 152.50 lakhs. To the latter figure, 
must be added the cost of separation amounting to Rs. 18.23 lakhs, bringing the deficit 
in the first year of separation to Rs. 34.15 lakhs, and allowing for the normal expansion 
of expenditure in the last year. The total deficit in the first year will amount to 



ORISSA BOUNDARY COMMITTEE. 51 

Rs. 35.21 lakhs, the Committee however anticipate that the revenue will increase as the 
trade depression passes away, and prices to some axtent recover. On the other hand, 
expenditure will also rise gradually, raising the deficit to Rs. 40.93 lakhs in the fifteenth 
year. They hold that neither initial nor subsequent deficits can be met to any appreciable 
extent by the imposition of any new taxes such as a succession duty which is at present 
within the competency of 'a province to impose. Therq are no data on which to estimate 
precisely the yield of such taxes, but there can be no reasonable doubt that it would 
go very little way to reducing the adverse balance. Deficits can thus be met only by 
allocation of new sources of revenue or by subvention from the Central Government 
or by the combination of both methods. 

Position of Biha* and Madras after Separation. 

After separation, the Committee opinet, Bihar will have an area of just under 
70,000 square miles and a population of nearly 33 millions, and Madras will lose a 
population of 2| millions and an area of 'about 18,000 square miles. There will be no 
reductions in Secretariats and other overhead staffs and very small reductions in certain 
services will not affect their self-contained character. A portion of Ganjam left out 
can easily be absorbed by Vizagapatam district. There will be slight difference in the 
proportion of Muslim and Hindu population owing to alterations in the boundary, but 
that will be very slight in case of Madras and this change in case of Bihar will doubtless 
necessitate, a larger proportion of seats on its legislature. 
The New Province Exempt from Communalism 

Finally the Committee hope that Orissa should be almost entirely exempt from 
communal troubles from which other provinces have suffered. The ^ number of 
Muhammadans is very small; the. Tclugu minority is not large, nor are its relations 
with Oriyas ever likely to be so embittered as those between Hindus and Muhammadans 
have sometimes been. 

The Committee in concluding the Report are of the opinion that the creation of 
a province of Orissa wi'll undoubtedly stimulate the demand for a revision of provincial 
boundaries on linguistic and racial lines it will encourage the Telejjus to press their 
demand for an Andhra province, and may revive or create similar demands on behalf 
of other communities linked by ties of race and language!. Ft is not for us to say whether 
such claims can or should be conceded. Hut the encouragement which they will receive, 
is probably the most important consequence that the formation of the new province 
will entail. 

EXAMINATION OF UTKAL UNION'S CLAIMS 

In making the recommendations the Committee paid due attention to the 
memoranda submitted by the Utkal Union Committee and various local 
associations. It was claimed therein that a separate province of Orissa should 
include the following areas : 

(1) The Orissa division, (2) Angul, (3) The sub-divisions of Contai and 
Jhargram and the thanas of Kharagpur, Narayangarh, Danlon, Mohanpur 
and Keshiari of the Sadr sub-division of the district of Midnapore in 
Bengal. (4) The thanas of Simihapal, Raipur and Khatra of the district 
of Bankura in Bengal. (5) The district of Smghbhum. (5) The thanas 
of Barabhum, Manbazar and Chanclil of Manhhum district. (7) The district 
of Ranchi. (8) The Zamindarics of Khariar, Phuljhar and Bindra Nawagarh 
in Mahasamand Tchsil of Raipur district. (9) The Zamindarics of Chandra- 
pur Padampur and Malkhurda and a group of nine villages called the 
"Jogni" villages in the Bilaspur district. (10) The district of Ganjam 
(including the Agency tracts) except the taluk of Chicacolc and its sub- 
taluk of Narsanputa. (11) Vizagapatam Agency excluding Gudem Taluk. 
It is also suggested, though no actual claim is made, that the whole of 
Chota Nagpur should be included. 

The Report contains the result of investigations regarding the inclusion 
of each of these areas in future Orissa. The reports on the most important 
areas follow: 

Oriya Claim for Midnapore Fails 

The area claimed by the Oriyas comprises the thanas of Kharagpur, Narayangarh, 
Danton, Mohanpur and Keshiari of the Sadr sub-division and the sub-division of Contai 
and Jhargram, that is, about half the district. And the Oriya witnesses without exception 
made it clear that they were definitely opposed to the transfer of any smaller area, such 
as the thanas adjoining Orissft. It is not difficult to understand their attitude on this 
point. A district is not merely an administrative' unit. In all old' established districts the 
outlying tracts are linked with the administrative centres by business or other ties whose 



32 THE INDIAN RECORDER. 

disruption is naturally resented by those concerned, and particularly the professional 
classes. For this reason proposals to abolish districts or even tahsils are always strongly 
opposed by the local population. Moreover, whilst the inclusion of half Midnapore would 
add very substantially to the area and population of the new province, the inclusion of 
a few thanas would bring little or no advantage. 

Howeiver this may be, it is certain that an overwhelming majority of the people 
are against the, transfer of all or any of the areas claimed by the Oriyas. On this point 
the evidence recorded by us leaves no room for doubt. The opposition is not confined 
to the Bengalis, It was admitted by the Oriya witnesses that the Oriyas were divided 
on this question, and it is fairly clear that the younger men at any rate desire that 
Midnapore should remain in Bengal. To some extent, no doubt, '/this attitude is due to 
the propaganda carried on by the provincial Congress. The transfer to Orissa of nearly 
li million Hindus would reduce appreciably the existing Hindu, majority in this part of 
Bengal and is, naturally, therefore, unwelcome to Hindu politicians. But this;is not the 
only influence that has been at work. For various reasons Orissa during the last century 
has made less progress than Bengal; in literature, science and politics the Bengali has 
outdistanced the Oriya; and in Midnaporc at any rate the prestige of Bengal is higher 
than that of Orissa. The older men of Oriya origin are still attached by ties of sentiment 
to Orissa. The younger men either wish to be regarded as Bengalis or at any rate 
prefer that thdir political future should be bound up with that of Bengal. 

The Oriya claim thus fails on all counts. By the test of race (as we have defined it) 
they are in a minority in all areas and except in a few thanas a minority of less than 
30 per cent. By the test of language they are sti'll more heavily outnumbered except 
perhaps in the Mohanpur thana where, however, the utmost that can be claimed is that 
the majority of the people speak a language which can be regarded as Oriya or Bengali. 
And in all areas therd is an overwhelming majority opposed to the transfer to Orissa 
of any part of the district. 

Singhbhum. Excluded from the new Province 

The Singhbhum district consists of three distinct parts--(l) The Kolhan; (2) Porahat ; 
and (3) Dhalbhum. 

As regards the attitude of the people, the evidence, as in the case of Midnapore, leaves 
no room for doubt. The Hos who in the Sadr sub-division greatly outnumber the rest 
of the population are to a man opposed to the Oriya claim. This has been clearly proved 
not only by the evidence of their leading Mankis, and of Mr. Ward, the present, and Mr. 
Scot and Mr. Dain, former Deputy Commissioners, of the district, but by 1 the demonstra- 
tions which we witnessed at Chaibassa. The road to Chaibassa for many miles was lined 
with thousands of -Hos, who had assembled to protest against the inclusion of the Kolhan 
in an Orissa province. The hostility of the Hos was admitted by the Oriya witnesses, 
but was attributed to Bengali propaganda. Doubtless there has been propaganda not 
all on one side but there is no sufficient reason for regarding it as the sole or thci main 
cause of the attitude of the Hos. The Hos are closely connected by ties of race and 
language with the other primitive tribes, the Mundas, Oraons. Santals and Bhumij, who 
inhabit the. Chola Nagpur plateau. In the days before the advent of the British they 
successfully defended themselvs against all intruders by force of arms. But they cannot 
compete with the subtler minds of the Aryan races who have slowly penetrated the 
Chota Nagpur country, and for that reason, as already mentioned, the' administration has 
been 1 directed towards protecting them from the worst effects of exploitation by the 
outsiders whom they designate Dikkus. It may well be that they instinctively feel that 
their powers of resistance will be weakened, and that their interests will suffer, if they 
are detached from their kinsmen in the north of the plateau. 

Opinion ^ amongst the other tribes, Santal, Oraons and Bhuiyas was/ not so clearly 
defined, but in so far as it exists, it is not favourable to the Oriya claim. The Hindustani 
and Bengali population are as hostile as the Hos; so, too, is the Raja of Dhalbhum. 
The inclusion of Singhbhum in a separate province of Orissa finds, in short, not support 
save from the 1 , Oriya community. 

We have now stated the main facts regarding Singhbhum which our enquiry has 
elicited. The conclusion, to which they point is clear, namely, that there is no case for 
including the Singhbhum district in a new province of Orissa. Linguistically and ethnically 
the Oriyas are a small minority of the population. Their claim, is opposed by all other 
sections. The separation of Singhbhum from the rest of Chota Nagpur would not pro- 
bably be in the interests of the primitive races to which the majority of the people 
belong. And whilst Singhbhum could be administered from Cuttack, its geographical 
position and lines of communication favour its retention in Chota Nagpur. 
Ganjam Included in the new Province 

It is believed that the Lion dynasty, which from about A.D. 473 ruled Orissa for 
more than six centuries, extended its sway over the neighbouring tract of Ganjam. This 
dynasty was overthrown in the 12th century by Chonanga Deo, the founder of the Gana- 
pati tine of kings. The domains of the Gajapati Kings certainly extended beyond the 



ORISSA BOUNDARY COMMITTEE 53 

i-iyer Kistna and their power was at its height in the 13th, 14th and 15th centuries. The 
wild nature of the country in Ganjam, however, rendered their administration merely 
nominal and it is probably for this reason that they established their servants as Lords 
of the Marches to keep in check the aboriginal tribes of Khonds and Savaras, who as. 
late as the 18th century still occupied portions of the plains. Some of the present 
zemindars claim descent from the Gajapati kings, and the gazetteer of the district, 
written in the seventies of the last century, states that the Rajas "even at present still 
acknowledge the Raja of Jagannath or Pun as their chief." Most of the zeniindarics are 
still held by Oriya families 

In 1560 the last of the independent kings of Orissa was defeated and slain by the 
Mahomedans, and from about 1571, Ganjam wlu'ch formed part of the Chicacole Circar, 
Was controlled by them from Hyderabad. In 1753 it was assigned by the Subcdar of 
the Deccan to the French, but in 1762 the Northern Circars including Chicacole were 
given by the Mughal Emperor to the British as an Inam and were finally secured to 
them in 1766 by a treaty concluded with Nizam AH. The Chicacole Circar had under 
Mahomedan rule been divided into three divisions, Tchapur, Chicacole and Kasimkota and 
the two latter were at first administered as part of the Vizagapatam district. It was 
not till 1802 that Chicacole was incorporated in Ganjam. 

For many years after its cession to the British, conditions in Ganjam were very 
disturbed, and after the Ghumsur war it was considered necessary for the prevention of 
further outbreaks that the administration of Civil and. Criminal justice in certain tractb 
should be removed from the ordinary courts and placed 1 under the Collector as Agent to 
the Governor. This was> the origin of the Agency system now iu force in the maliahs or 
hilly areas inhabited by the Khondas and Savaras. The Agency tracts arc administered 
by the Collector and his assistants who have large criminal and civil powers. They are 
not wholly excluded from the reforms, since they are included in the provincial consti- 
tuencies, but all subjects are reserved, and the reserved half of the Government has 
full discretion in applying or refusing to apply provincial enactments. 

Since the Ganjam plains are a border tract lying between Orissa and the Telugu 
lands to the south, it is probable that the population ha? from early times been mixed. 
It is hardly likely that, as some Oriya witnesses have contended, there were, when 
Ganjam was ceded to the British, no Telugus north of Chicacole. But, however that 
may be, we are concerned here as elsewhere with existing facts, and as far back as the 
seventies of the nineteenth century there were Telugu colonies all along the sea coast 

According to the 1901 Census the proportion per 1,000 who belonged respectively to 
Oriya and Telugu castes were: 

Oriya . . , 473 ' Telugu castes ... 466 

In 1891 the classification of castes was on lines that make it difficult to extract com- 
parable figures for that year, and the census reports of 1911 and 1921 show only certain 
main castes. 

The remarkable feature in the returns is the large increase in the number of Oriya 
speakers in 1901, and the subsequent drop in 1911. The Census Superintendent for the 
1911 census observed that the proportional variation was so remarkable "as to suggest 
either careless enumeration at one census or the other; or else a possibility of deliberate 
misrepresentation by Telugu or Oriya enumerators not misinfluenced by the controversies 
which prevailed some four or five years back between the Telugus and the Oriyas of 
the district. The probability that the error lieb in the earlier enumeration is strengthen- 
ed by an examination of the proportion of the district's Hindu population contributed 
by Telugu and Oriya oastes, respectively. It is improbable that in 1901 when the Telugu 
castes were well nigh as strongly represented in Ganjam as the Oriya, the disparity as 
to language should be so great." He noted that the argument was not conclusive because 
in 1911 details were given only for 10 castes in Ganjam as against 75 in 1901. It is, 
however, on the face of it, improbable that, as the Oriya witnesses have contended, of 
all the enumerations from 1891 that of 1901 alone was correct 

In an area north of a line drawn from the Agency boundary along the northern 
boundary of the Jalantra estate, then north-eastwards along the Ichchapur sub-taluk 
boundary to Purushottampur on the Grand Trunk Road, and thence north of the Surla 
Salt Factory, and south-eastwards to Sonapur, the Oriyas are in a large majority by 
the tests both of race and language. A line drawn from Sonapur to Golantra would 
define still more exactly the Oriya and the Telugu areas, but see paragraph 64; it would 
include part of the Rushikulya irrigation system. The figures, as nearly as they can be 
calculated, are; 

Race. Language. 

Oriyas -..- ... . . ... 833,985 934,958 

Telugus ... . ^ . , ... - 168,982 160,156 

The predominance is marked in all areas except the Chikati Z;amindari, and a narrow 
coastal belt. In the Berhampur town the population is evenly divided, 48 per cent, being 
Telugu and 47 per cent, being Oriya. South of this line the Telugus outnumber the 
Oriyas except in the very small Botfarasinghi zamindari. In the Agency tracts the 



54 THE INDIAN RECORDER. 

aboriginal tribes are more than two-thirds of the population, but the Oriyas are not far 
short of one-third, and nearly one-third too speak Oriya as their mother tongue. The 
number of Telugus is negligible. 

The Oriyas complained that at present they suffered from many disadvantages. The 
grievances particularly emphasised were the lack of educational facilities and the pre- 
ponderance of Telugus in the Government service. It wa3 admitted that the attitude of 
the Madras Government had been sympathetic. And it is, we think, probable that if most 
of the clerks, postmasters and canal subordinates are, Telugus, this is largely due to the 
fact that the Telugus arc more enterprising and industrious. Just as the Telugus feel 
the pressure of Tamil competition, so the Oriyas find it difficult to hold their own against 
the Telugus. Still, it is natural that the Oriyas should demand in an aroa predominantly 
Oriya a major share in the Government services, and it is probable enough that the 
Telugu predominance does entail for them some inconvenience. It can hardly be doubted 
too that to some extent the education of the Oriya community has suffered. Oriyas who 
wish to become teachers must pass in Telugu and it is apparently more difficult for 
them to do so than it is for Telugus to learn Oriya. Of the universities, open to them 
Madras is distant, unfamiliar and uncongenial; at the new Andhra University Oriya is 
hardly likely to receive as much attention as Telugu; and it is not always easy for 
them to secure admission at Cuttack. Nevertheless, the origin of the demand for 
re-union with Orissa is not to be found in any specific grievances against the present 
administration. The desire of the educated Oriyas of Ganjam to be included in a 
separate province of Orissa is genuine and strong; but it is inspired by the ties of race, 
language, and history, of which they have become increasingly conscious during the 
last thirty years. 

Subject to what is said below about the Parlakimcdi zamindari, the educated Telugus 
are no less strongly opposed to the transfer of any portion of plains; they are less 
interested in the Agency tracts. They naturally prefer that the Ganjam plains should 
continue to be attached to the Telugu districts. They have nothing to gain by inclusion 
in an Orissa province, and whilst they do not admit Ihfat the Oriyas in Ganjam have 
any substantial grounds for complaint, they fear that their own interests will suffer 
under a government dominated by Oriyas. The Khonds and Savaras have probably 
no opinion Very few of them know anything of the controversy that divides the 
Oriyas and Telugus, or are capable of forming any judgment thereon 

The transfer to a separate province of Orissa of such portion of the Ganjam district, 
as may on other grounds be thought desirable, will not, so far as we can see, involve 
any administrative difficulties; Ganjam is connected by road and rail with Cuttack, and 
is much nearer to Cuttack than to Madras The whole of the Rushikulya irrigation 
system lies within the area of Oriya preponderance. A large part of the districts is 
permanently settled, and though the ryotwari tenures have features peculiar to the 
Madras Presidency, we cannot think that their management would cause any trouble. 
The Madras tenancy law differs in some respects from that of Orissa, but so docs the 
latter from the laws in force in Bihar, Chota-Nagpur, and Sambalpur, all parts of a 
single province. Sambalpur was for many years part of the Central Provinces, and the 
old Central Provinces Tenancy law is still enforced there ; a clear proof that a difference 
in tenancy law is not an obstacle to the transfer of a district to another province. Nor 
can we take seriously the argument that appeals will he to another High Court. 

It was been argued on the Telugu side that a minority is entitled to speci/al conside- 
ration if it exceeds twenty per cent of the population, and we have been referred, in 
support of this contention, to the Minorities Treaties by which the minorities are protected 
in various parts of Europe. We cannot see that this argument has any application 
to the issue with which we are concerned. The Minorities Treaties regulate the treat- 
ment of minorities in countries whose boundaries had already been determined ; they 
cannot be cited to prove either that the Oriya claim fails because the Oriyas are less 
than 20 per cent of the population of the Madras Presidency or that no area should 
be transferred in which the Tclugus exceed 20 per cent. There is always an initial 
presumption against altering administrative arrangements of long standing, but, if a 
separate province of Orissa is to be created, we can discover no grounds which would 
justify refusing to include in it the area specified in paragraph 61. As we have shown, 
the Oriyas in this area outnumber the Telugus by nearly five to one, their desire for 
reunion with Orissa is genuine and deep-seated ; and< there are no administrative obstacles 
to the granting of it. It is unfortunate that this area includes a Telugu fringe; but 
the narrow coastal belt in which they predominate cannot be detached from the interior, 
and the wishes of a small minority cannot be the determining factor. 

We are not, however, agreed as regards the Parlakimedi Zamindari. The majority 
of the Committee (the Hon'blc Mr. Mehta and Mr. Phookun) are in favour, for the 
following reasons, of adding this zamindari: 

" In conducting the enquiry -is to what tracts now included in different province 
should be incorporated in the new Orissa province, if and when created, and in coming 



ofcissA BOUNDARY COMMITTEE. 55 

to definite conclusions about its boundaries, we have agreed to take among others, the 
following important facts into our consideration: 

(a) The race to which the people of those portions of the provinces belong. 

(b) The language they speak as their mother-tongue. 

(c) The language they speak as their subsidiary language. 

(d) The wish of the people residing in those areas." ' 

The Committee are, however, agreed that all the Agency areas of Ganjam should be 
included in the new province. 

GANJAM-ANDHRAS PROTEST. 

The Report was opposed in a meeting at Berhampore. 

Resolutions were passed pointing out that the reported recommendation of the Orissa 
Boundary Committee that the whole of Ganjam, excluding the taluks of Chicacole, 
Narasannapela, Tekkali and Sompeta and a small portion of Berhampore Taluk, be 
included in the future Orissa Province was opposed to the wishes and highly detrimental 
to the interests of the Telugu population of the district and that the inclusion of Par* 
lakimidi Taluk, of the eastern portion of Berhampore and Chatrapur Taluks, including 
Berhampore Town predominantly Telugu in population, was unjust and injurious to the 
interests of the people. 

The meeting requested the India Government to reject the recommendations of the 
Ornssa Boundary Committee as they involved a deficit of 42 lakhs (i.e., a third of the 
expenditure of the proposed province) which necessitated extra taxation over a people 
which could not bear further taxation It was decided that a deputation be organised 
to wait on the Governments of India and Madras to represent the views of the Ganjam 
Andhras against the recommendations of the Orissa Boundary Committee and that funds 
be raised immediately for carrying on agitation against the reported recommendations 
of the Orissa Boundary Committee. 

GOVERNMENT ATTITUDE ON THE REPORT 

Mr. B. Das, M.L.A., who was on a visit to Simla to gauge the official 
views on the recommendations of the O'Donnell Committee stated in course 
of an interview on June 11 : 

" I found support for the Onya cause both in high official and non-official quarters. 
While I found during my interviews that the vaUie of the O'Donnell report is universally 
acknowledged, the matter has to go before the Consultative Committee which, 1 am 
glad to hear, is being resummoned by the end of July or the beginning of August. 
Everybody here recognises that Oriyas* claim is stronger than even that of the people 
of Sind. I cannot believe that political considerations will be allowed by the Government 
to favour Sind and ignore the Onya Province I am now returning to my province 
with a view to consulting public leaders, so that as soon as the Consultative Committee 
meets, we may be able to organise a deputation which can wait on the Viceroy and if 
necessary on the members of the Consultative Committee." 



StND CONFERENCE 

PROCEEDINGS OF THE CONFERENCE 

THE Sind Conference was set up in accordance with the undertaking given 
by the Prime Minister in the course of his statement to the Round 
Table Conference at the close of its second session on the 1st of December 
last year. His Majesty's Government accepted in principle the proposition 
that Sind should be constituted a separate province if satisfactory means of 
financing it could be found. 

It will be recalled that according to the findings of the Miles Irving 
Committee the basic deficit at present of Sind Province was 94.40 lakhs, 
being the difference between the total basic expenditure of 279.82 lakhs and 
the total basic revenue of 182.42 lakhs. The deficit, however, excluded any 
allowance for overhead and direction charges and showed the extent to 
which Sind was at present being financed by the rest of the Bombay Presi- 
dency. Adding; the cost of separation, viz. Rs. 11.05 lakhs to the above 
deficit the total deficit which Sind would have to face at the time of separation 
amount to Rs. 103.45 lakhs. 

Terms of Reference 

The terms of reference of the conference in the Premier's words were 
" to try to overcome difficulties disclosed by the report of expert financial 
investigation conducted by the Sind Financial Enquiry Committee/' although 
it will be open to members to scrutinise and criticise financial aspects 
depicted in the report. 

Personnel of the Conference 

In a communique dated the 16th of March the Government of India 
announced their intention of setting up a Sind Conference to sit at at Karachi 
early in April. It was stated that Mr. A. F. L. Brayne, Finance Secretary 
to the Government of India, would preside over the Conference on behalf 
of the Government of India and that in the meantime a selection of 
representatives of Sind was being considered in consultation with the 
Government of Bombay. On the recommendations of the Local Government, 
the Government of India invited several non-official gentlemen to participate 
in the Conference as representatives of Sind. The personnel of the 
Conference was announced on April 9. 

(1) Dewan Bahadur Murlidhar Jerandas Punjabi, Pleader, Shikarpur, 
Sind; (2) Mir B-andehali Khan M.L.C., Jagirdar, Hyderabad (Sind); (3) 
Khan Bahadur Muhammad Ayuf Khuhari, M.L.C., Larkana; (4) Khan 
Bahadur Allahbakhsh Muhammad Umar, M.L.C., Shikarpur, Sind; (5) Sir 
Shah Nawaz Bhutto, Kt, M.L.C., Larkana; (6) Professor H. L. Chablani, 
Delhi; (7) Hon'ble Mr. Ali Baksh Muhammad Hussain, Member, Council of 
State; (8) Seth Haji Abdulla Haroon, M.L.A., Karachi; (9) Mr. Lalchand 
Navalrai, M.L.A., Larkana; (10) Mr. E. L. Price, C.I.E., O.B.E., and (11) 
Mr. Hoshang N. E. Dinshaw. Mr. H. Dow, I.C.S., Revenue Officer, Lloyd 
Barrage and Canals Scheme, also participated in the conference as a member 
on behalf of the Government of Bombay. Qazi Abdul Rahman, B.A., Chief 
Officer, Karachi and Mr. H. R. K. Batheja, I.E.S., Prof, of Economics, Patna 
College, Bihar and Orissa were also invited to take part in the conference. 

THE PROCEEDINGS. 

The first meeting of the Sind Conference was held on April 25, all the 
members being present. The Chairman in opening the proceedings, explained 



SIND CONFERENCE 57 

of the Conference which, he said, was to try to overcome the 
difficulties disclosed by the report of the expert financial investigation made 
by the Irving Committee last summer. " It is thus clear/' he continued, 
"that it is our first duty to examine these difficulties as they stand. We are 
not a further committee of enquiry. It is not our business to go over in 
minute detail the whole ground which has been traversed by the committee 
of experts who have fully sifted the great volume of evidence presented 
to them. At the same time, we are not precluded from criticising fully those 
estimates whereon the deficit is based and from suggesting modifications 
in the light of any later knowledge available. This is particularly so in the 
case of the Barrage scheme where further experience has been gained since 
the report of the Irving Committee was signed." 
A summary of the proceedings follows: 

Adjournment Question 

Mr. Allahbakhsh Umar, M.L.C., urged at the Conference that it should 
stand adjourned till the Federal Finance Committee's report was published 
and its recommendations as regards readjustment of central and provincial 
finance were known. 

The chairman pointed out that the conference could not postpone its 
work till the Finance Committee's report was out but would have to pro- 
ceed on the basis of the existing state of things. Any recommendation of 
the conference, he added, would be subject to modifications necessitated by 
future developments, 

System of Taxation 

Mr. E. L. Price, speaking next, criticised the whole system of taxation 
in India, which he characterised, as chaotic and unscientific. Karachi, for 
instance, got the benefit of the taxes on things of which only 13 per cent, 
was consumed in Karachi and Sind, while 87 per cent, was transported to 
Karachi's vast hinterland. Under the present system, moreover, people 
could pay tax to the Central Government and avoid provincial taxation. 
He asked if it was wanted that Sind should go on battening on the drink 
traffic of Bombay. 
Deficit and Retrenchment 

Khan Bahadur Khuro disputed the contention that Irving Committee's 
figures should be taken as final and said that deficit shown by^ that committee 
could be substantially reduced by retrenchment such as the Government of 
India, and the Government of Bombay were effecting at present. 

Mr. Lalchand Navalrai, interrupting, pointed out that the present re- 
trenchment was an emergency measure and was not permanent reduction, 
such as the pro-separationists proposed for Sind. 
Ways and Means 

Khan Bahadur Khuro, proceeding, urged that revenues from salt, 
tobacco, alcohol and income-tax, wholly or substantially, should be made 
available to Sind. 

Mr. Lalchand! Navalrai quoted extensively from the reports of the Round 
Table Conference and said that the position of the pro-separationists had 
changed from time to time. They first declared that Sind could stand on 
its own legs. Sir Nawab Bhutto had stated that Sind did not want outside 
financial help. But now that position had been giveri up and the Government 
of India was being asked to help. 

Haji Abdulla Haroon appealed to Hindus and Mussalmans to sit together 
and find out ways of balancing the budget of Sind and not consider the 
matter from a communal stand point. Professor Chablani urged that the 
course of the conference should not be deflected and it should not be 

8 



5$ THE INDIAN kECORDER. 

converted into a committee of inquiry. Its concern was simply to discover 
means to meet the deficit 

Mr, Abdul Rahman complained that since the question of separation had 
been mooted figures had been juggled and the deficit had been made to appear 
larger and larger. 

The chairman pointed out that the complaint could have been made 
before the expert enquiry but not after. 

Mr. Rahman proceeding asserted that those who were attending the 
conference must be taken to have accepted the principle of separation. 

Inopportune Time for Separation 

Mr. Murlidhar Punjabi doubted whether this was the time to ask for 
separation. It had been agreed at the Round Table Conference that the 
conditions of separation were that not only the deficit should be met but 
that means should be provided for future expansion in all directions. They 
should want separation on the principle that they were going to be better oft. 
If it was accepted that the Government of India should help since then why 
not ask them to meet the whole deficit and disperse the conference at once ? 

Referring to the suggestion that the conference should adjourn till the 
publication of the Federal Finance Committee's report, the speaker said that 
there could be no finality about this report for it had to be accepted by a 
further conference and there was every chance that it might not so be 
accepted. Were they to wait till ultimate decisions were taken on it ? 

Mr. Murlidhar declared that he would be the first person to join any 
attempt to separate Sind when conditions had improved. Meanwhile he 
would consider on its merit every proposal made by the pro-separationists 
to meet the deficit. 

Distribution of Debts 

As regards debt, the majority were in favour of the figures adopted by 
the Irving Committee with a modification that the interest on the Barrage 
debt during construction should not be added to capital but should br 
distributed between Bombay and Sind in proportion to the existing revenues 
of the two areas. 

As an alternative the Muslim representatives proposed the distribution 
of the whole (lebt on the day of separation in proportion to the existing 
revenues (excluding additional revenues from the Llyod Barrage). Other 
members expressed the opinion that if this method were pursued the Barrage 
revenues should also be included in order to arrive at a true proportion. 

Pensionary Liability 

As regards pensionary liability, the majority favoured the distribution 
on the basis of the existing revenues of Bombay and Sind, while others sup- 
ported the proposal of the Expert Committee that the distribution should be 
on the basis of cost of pensionable establishments. It was, however, gene 
rally agreed that the calculations required further examination because from 
certain figures given to the conference it appeared that if Sind were directly 
responsible for the payment of all pensions earned in her service, the initial 
liability would not exceed Rs. 10 to Rs. 12 lakhs instead of Rs. 16.5 lakhs 
as proposed by the Irving Committee. 

Growth of Expenditure 

On the question of the growth of expenditure after the separation, 
several members expressed the view that the estimates of the Expert Com- 
mittee were excessive. The opinion that the road development could be 
met from the Fund formed by a levy on the amounts realised by the sales 
of land under the Lloyd Barrage was advanced. 



SINDCONFERENCE. 99 

It was also suggested that the additional expenditure on education and 
other public services could be met from the increased revenues of Local 
Boards which did not at present levy the full amounts permitted by law. 
Growth of Revenue 

Further, the revenues of the Local Boards must increase with the Lloyd 
Barrage and this would be available for the expansion of expenditure on 
such services. 
Estimates of the Expert Committee 

Other members held that the estimates of the Expert Committee were 
too low and that much more money would be needed if a proper standard 
of public administration were to be maintained. One member expressed the 
view that the capital expenditure proposed would have to be doubled on the 
basis of the past expenditure and that the expenditure met from the reve- 
nues would have increased by nearly two crores of rupees after 30 years. 

It was pointed out that the estimates of the Expert Committee dealt 
only with such expansion as was considered inevitable. It was, however, 
generally agreed that any estimates of future expansion of expenditure and 
revenue must be purely conjectural and were therefore of little value. If 
Sind desired expansion it would be necssary to find new sources of revenue. 

Cost of Separation 

In connection with the additional cost of separation put by the Expert 
Committee at Rs. 11 lakhs there was considerable divergence of opinion as 
to the amount which would actually be necessary. It was argued that con- 
siderable economy could be effected in the estimate of possible reduction 
on the Committee's estimate amounting to over Rs. 4 lakhs. On the other 
hand, it was contended that standard of administration lower than that found 
necessary in other small provinces such as Assam or the North-West Fron- 
tier Province could not be tolerated in Sind and if these standards were 
applied throughout, the additional cost would be more than double that 
estimated by the sub-committee. 

Lower Scales of Pay for Ministers 

The majority agreed on the number of ministers and secretaries proposed 
by the Expert Committee, but thought that economy could be effected by 
adopting lower scales of pay for ministers and by the employment of a 
provincial service instead of I. C. S. Secretaries. 
System of Taxation 

Mr. E. L. Price, representative of the Karachi Chamber of Commerce, 
dealt extensively with the system of taxation. He first dealt with the belief 
firmly held by many people that Sind can impose toll and tribute from the 
whole of the Karachi hinterland. 

Of the imports over the Karachi wharves, three per cent, were consumed 
in Karachi, possibly ten per cent, in Sind, and 87 per cent, of the balance 
went to the hinterland which included, not only parts of Rajputana, the 
whole of the Punjab, Baluchistan, through Chaman and Peshawar into 
Afghanistan, but also through Duzdab into Persia. It also ran into Kashmir 
and the U. P. Continuing, Mr. Price said that the system of taxation in Sind 
was most unscientific and gave instances to prove the point. 

Mr. Price suggested that the Barrage with its permanent works and 
the Canals should be made a funded debt. The present debt of Rs. 21,00,00,000 
in connection with the Sukkur Barrage could either be held in reserve or 
be put on the market. As the receipts from the land came in they could 
use the money to pay off the capital, so that eventually the funded debt 
would stand at about Rs. 11,00,00,000. 



$Q THE INDIAN RECORDER. 

Meeting the Deficit 

Mr. Lalchand Navalrai, giving evidence, stated that the Expert Com- 
mittee examined carefully the probable revenue and expenditure of a separat- 
ed Sind and the security of debt on the Sukkur Barrage. As their investi- 
gation shows that separation would leave the new province with a deficit, 
then, according to the Round Table Conference Committee, the representa- 
tives of Sind should now be asked to show satisfactorily how the deficit 
could be met with before the new province is set up. They cannot say nor 
attempt to prove that there is no deficit. 

Khan Bahadur Allah Baksh said that retrenchment made at present was 
Rs. 10,00,000 or Rs. 15,00,000, and that would not help in a separated Sind. 
They all know how much the retrenchment, already effected, had distressed 
the country. They must not borrow nor ask for a subvention. With regard 
to the Barrage Scheme they could not count too much on its results. 
The Extent of the Deficit 

The deficit of Rs. 103.45 lakhs which Sind had to face at the time of 
separation as computed by the Irving Committee, however, was increased 
to about Rs. 110 lakhs at the Sind Conference when allowance was made 
for expenditure over the audit office, etc., which, it was pointed out, the 
Expert Committee had forgotten to take into consideration. Thus the 
problem, which those in favour of separation at the Conference had to face, 
was how to make good this huge deficit. 

Dealing with the expenditure side, it was suggested that further retren- 
chment than that already effected might be made in the Government esta- 
blishments. The retrenchment so far made amounts to 13 lakhs permanent 
saving and 8 lakhs temporary saving. The various suggestions made to re- 
duce establishments were expected to effect a total cut of 61 lakhs. 

Moslem Proposals of Meeting the Deficit 

On the revenue side, the Mahomedans claim income-tax which yields 21 
lakhs. They also propose an additional assessment of one anna per rupee 
estimated to yield 12 lakhs. The other new taxes suggested are a cess of 
one rupee per bale of cotton passing through Karachi, which is expected to 
bring in another 10 lakhs, a tobacco tax to produce 5 lakhs, an electricity 
tax to yield 2 lakhs, a tax on fisheries to yield one lakh and a license fee on 
arms to yield half a lakh. 

They also urge the imposition of a license fee on lawyers, medical prac- 
titioners, veterinary surgeons, money-lenders, domestic servants, etc., to yield 
2 lakhs. The total additional income expected by these measures will be 69 
lakhs which, combined with a retrenchment of 61 lakhs, would make a total 
of 130 lakhs, which would cover the deficit of 110 lakhs and leave 20 lakhs 
for expenditure on nation-building departments. A proposal for a lottery is 
another suggestion made by Mahomedan representatives. 

Th* Skeleton Report 

A summary of the discussions in the form of a skeleton report was 
placed before the Conference at its final meetings on the 16th and 17th 
May with a view to ensuring that the various opinions and conclusions 
expressed throughout the course of the Conference were correctly under- 
stood. The results of divergent views were summed up. 

On the one side there was the assumption that the present depression 
of trade and' the slump in prices would continue for some time and that the 
separation of Sind would involve higher additional expenditure than has been 
supposed, resulting in an estimate of the deficit considerably higher than 
that arrived by the expert enquiry. On the other hand it Tiras contended 
that the conditions would improve at an early da'te and drastic economy 



SXND CONFERENCE 61 

must be effected in the cost of separation and in the existing scales of ex- 
penditure, while the revenue position would be materially improved by 
various new measures. On these assumptions the deficit could be reduced 
to a figure about one-third of that reached by the expert report. 

Mr. A. F. L. Brayne, Chairman of the Conference, left for Simla on 
May 18, 1932 to make his report to the Government of Tndia. 

ANTI-SIND SEPARATION CONFERENCE 

In this connection the activities of the Anti-Sind Separation Conference 
may be mentioned. In its session held at Hyderabad on June 19, the follow- 
ing resolutions protesting against separation were passed: 

1. That this Conference respectfully invites the serious attention of His Majesty's 
Government to the following facts: (a) The case of the separation of Sind was rejected 
by the Bombay Government's Provincial Simon Committee over which Sir Shah Nawaz 
Bhutto presided, by six to one majority, and the President himself voted against separa- 
tion ; (b) The conditions laid down by the Simon Committee have not been fulfilled in 
Sind; (c) The separation case was presented to the Hound Table Conference and His 
Majesty's Government without affording an opportunity to the Hindus to present their 
case either to the Round Table Conference or to the Sind Separation Sub-Committee; 
(d) Non-Muslim members on the Sind Sub- Committee of the Round Table Conference 
who* knew little or nothing about the' conditions in Sind, or facts of the case, were led to 
accept the principle of separation of Sind from the Bombay Presidency on the express 
assurance given by leading Muslim delegates like His Highness the Agha Khan, Mr. 
Jinnah, Sir Shah and Sir Bhutto that Sind will not be a deficit province and would be 
able to stand on its own legs ; (e) The constitution of Sind into a separate province with 
subvention from the Central Government for a limited period even would permanently 
constitute a breach of faith in the face of the clear ruling of Lord Russel,, Chairman, Sind 
Sub-Committee, that the recommendation of the Sub-Committee is that if Sind cannot 
stand on its own legs, the separation does not take place; (f) In view of the acute de- 
pression in agriculture and trade, uncertain factors are involved in all estimates^ of finan- 
cial and economic consequences of the Sukkur Barrage at the present time. The most 
important point for estimating the normal deficit of the province is the level of taxation 
to be raised for meeting a part of the normal growth of expenditure inevitable under 
the new conditions created by the Sukkur Barrage. While discussing the question of 
financial adjustments, the amount of subvention that will be necessary, or period for which 
the subvention will continue, should be determined; (g) In, the interests of the people of 
the province who will be primarily affected by the decision to separate Sind from the 
Bombay Presidency, it is but just to disentangle this question from the general struggle 
for power between All-India Hindu and Muslim politicians; (h) That in view of the 
findings of the Sind Financial Enquiry Committee and the heavy fall in the prices of 
agricultural produce and of land in Sind which show 1 no signs of improvement, the best 
interests of the country and the province demand that so important an issue as the cons- 
titution of Sind into a separate province, which will saddle Sind with a heavy financial 
responsibility, will not be considered. 

(2) That the Conference records its emphatic opinion that Sind is not in a position 
to bear additional taxation owing to acute distress of all classes. The tax-payers protest 
against the addition of one anna per rupee over the existing land revenue rates in the 
Barrage Zone and the imposition of transit duty on cotton bales passing through Karachi 
as also against the professional tax, as the majority of the people who will be hit by 
this taxation are non-Muslims. 

(3) That the Conference invites the Government's attention to the observation made 
by Lord Russel and Marquis of Zetland and the assurance given by Sir Bhutto, Mr. 
Jinnah and H. H. the Agha Khan at the Round Table Sind Committee. 

(4) The last resolution authorised the President to cable the first resolution to the 
Premier and take necessary steps regarding others. 



RETRENCHMENT PROPOSALS 

BENGAL RETRENCHMENT COMMITTEE. 

APPOINTMENT OF THE COMMITTEE. 

IN the last session of the Bengal Legislative Council several resolutions 
were tabled recommending to Government the desirability of appointing 
a Retrenchment Committee. The one that was actually put to the vote and 
carried without a division was moved by Mr. J. N. Gupta. It ran as 
follows : 

" This Council recommends to the Government that a Committee of 
Retrenchment be .appointed for the province to examine and consider all 
possible retrenchments of the administration both on the Reserved and the 
Transferred sides, and to recommend to Government to take suitable action 
either in their own competence or by reference to the proper authority with 
a view to effect a substantial reduction in the cost of the administration." 

The Personnel of the Committee 

According to the recommendation of the Legislative Council a Com- 
mittee was appointed consisting of the following gentlemen: 

Mr. J. A. L. Swan, C.I.E., T.C.S., Chairman; and Mr. J. N. Basu, M.L.C., 
Mr. H. Birkmyre, M.L.C., and Khan Bahadur Maulvi Azizul Haque, M.L.C., 
to constitute a Committee, with Mr. S. K. Haldar, I.C.S., as their Secretary. 

Terms of Reference 

The following are the terms of reference: 

" To review the expenditure of Government and make recommendations 
as to any economies which in their opinion might reasonably be effected 
in view of the present financial situation." 

Tt is hoped that the Committee will be able to submit their report for 
the consideration of Government by the end of August next. 

A good deal of opinions as to how retrenchment can be effected were 
published in the press. The most important of them follow : 

BENGAL PRESIDENCY MUSLIM LEAGUE'S SUGGESTION 

The Council of the Bengal Presidency Muslim League feels that no 
worth-while retrenchment is possible in the present administration, unless 
the policy of the Government is changed. The Council is unable to suggest 
anything if the Retrenchment Committee is only to tinker with the problem 
and make some Uttle changes of percentages here and there. 

Seeing that 90 p.c. of the people of Bengal are cultivators and that 
their poverty is proverbial, the average income of a Bengali peasant being 
about one anna a day, it is the considered opinion of the Council of the 
League that, 'the first postulate in arriving at a decision about the cost of 
any given system of administration should be to weigh up the ability of a 
people to maintain the expenses of its administration; the salaries of its 
public servants should be tied up to a multiple of the average income of a 
citizen for comparison. The Council of the League suggests the following" 
changes : 

1. GOVERNOR OF BENGAL New York, the richest state in the richest country 
in the world, pays its Governor Rs. 6,250 per month plus only an Executive Mansion, 
while Bengal, which is incomparably poorer, pays its Governor the princely salary of 
Rs. 10,000 plus all found. The revenue of the State -of New YorW is #330,021,871, whereas 
the revenue of Bengal is fe 12,56,67,000. According to this proportion the salary of 



RETRENCHMENT PROPOSALS. & 

the Governor of Bengal should be Rs. 946. However, to avoid being called ultra- 
socialistic, the League will say that the maximum salary of the Governor of the province 
should be Rs. 2,500 per month plus the use of Government House only. The sumptuary 
allowance, staff and household expenses and contract allowance amounting to Rs 7,49.000 
should be abolished altogether. The tour expenses should be cut down. If the Premier 
of England can travel 3rd Class, we fail to see the rationale of the Governor of Bengal 
having special saloons and boats. The Darjecling exodus should be stopped. 

2. EXECUTIVE COUNCILLORS, MINISTERS AND PRESIDENT OK 
COUNCIL Executive councillors, if any, and Ministers should be limited to 4 only. It 
was possible for a Lieutenant-Governor to rule Bengal, Bihar and Onssa with the help 
of a Chief Secretary only a few years ago. To-day, we have a high-priced Governor 
assisted by four members of the Executive Council and three Ministers. The League 
feels that Executive Councillors (if any), Ministers, and President of Council should 
be honorary capable and self-sacrificing men to work as such will not be wanting. A 
sumptuary allowance of Rs. 1,000 per month may be given for house, conveyance and 
maintenance of dignity. The post of Deputy President of the Council should be honorary. 
There would then be a saving of about Rs. 4,28,844 annually. 

3. COMMISSIONERS All Comrnissionerships of Divisions should be abolished. 
This will mean a saving of Rs 4,57,000 yearly. District Officers should correspond with 
the Secretaries of the Government, who should be assisted by the. appointment of a 
sufficient number of Undcr-Secretaries, who should be mainly Indians, so that Indians 
may get proper training in Secretariat work and the Indian view-point may be pro- 
minently brought forward. 

4. The following departments, (a) Agriculture, (b) Public Health, (c) P.W.D. and 
(d) Irrigation, should be reduced to the minimum and their work 1 should be done through 
the District Boards, which should be given sufficient subsidy for the purpose. 

5 The posts of Surgeon-Generalship and Director of Public Instruction should 
be abolished and their work done directly by the Minister-in-charge. This would mean 
an approximate saving of Rs. 73,968 yearly. 

6. ECCLESIASTICAL DEPARTMENT This department should be totally 
abolished. This will mean a saving of more than Rs. 3,11,000 annually. The State 
allows freedom of worship and the League fails to se.e how only some Church of England 
dignitaries can be paid from State finances. 

/. The Smoke Nuisances Commission may be put under the officers of the Boiler 
Commission, Bengal, and a saving made of about Rs. 30,000 yearly 

8. The pay of All-India services, (if any) should be on a scale of Rs. 400-800 per 
month, but district officers should have a special allowance of Rs. 200 p.m. New recruit- 
ments to these services should be stopped temporarily. 

9. Secretaries to the Government should have a special scale of Rs 800 to 
1,200 p.m 

10. All overseas and personal allowances must cease and no discrimination should 
be allowed between officers, whether Indian or European, for the same work. All special 
appointments should be abolished. 

1,1. The pay of the Provincial services should be on a scale of Rs. 150-500 p.m. 
and meritorious officers of some years' standing should have no bar whatsoever to further 
promotion to the highest offices under the State. New recruitments to these services 
should be stopped temporarily. 

12. All subordinate services should be abolished. 

13. Ministerial officers should have a Mzale of salary of Rs. 50-150 p.m., with a 
selection grade up to Rs. 300. 

14. Menials should have a minimum salary of Rs 30 p.m. A person cannot live 
like a human being on less than that sum. This will mean contentment of the kind 
of people who require to be contented. 

15. In all services, officers ,who have completed 25 years' service, should be 
pensioned off. This will not only be very good economy but will also relieve unemploy- 
ment to some extent with reference to future entrants. Officers who have been 25 
years in service must have put by something to fall back upon, besides their pension. 

16. The Police department expenses may be cut down by organising honorary 
volunteer corps in every town and village. This would be an excellent way of making 
the people co-operate in maintaining law and order. 

17. Union Boards should be made more efficient by changing their organisation. 
When this is done, a large number of courts may be abolished. Honorary Munsifship 
should also be inaugurated. 

18. EDUCATION DEPARTMENT De-provincialization of schools and colleges 
should be given effect to, With regard to grant to schools, Hindu, Muslim or European 
institutions should be treated in the same way and placed on the same footing. 

19. The Government of Bengal should try to change the Meston Award, especially 
with regard to the jute-duty. It is only fair that at least the jute-duty should be 
'appropriated by Bengal. This will mean an additional revenue of about 4i crores of 



64 THE INDIAN RECORDER. 

rupees annually and financial relief to the province. On this point there seems to be 
unanimity of public opinion in Bengal. 

In conclusion, the League submits that the changes suggested may not be possible 
of immediate application; the Local Government and even the Government of India have 
no power to act up to some of the League's suggestions, such as the reduction of the 
Governor's and the Executive Councillors' salaries ; but it wishes to lay before the 
Government and the public that in the reorganization that is immediately ahead of us 
changes of the nature the League is suggesting are the only means by which the budget 
of the province of Bengal can be balanced and the work of the nation-building depart- 
ments expedited. The Retrenchment Committee may accept those of the League's 
proposals which the Local Government has the power to carry out and as for the other 
proposals the Retrenchment Committee may embody them in their report as suggestions 
for future consideration of the authorities concerned. 

BENGAL NATIONAL CHAMBER OF COMMERCE. 

The Bengal National Chamber of Commerce opine that the existing rate 
of taxation is the highest that Bengal can bear and hence the deficit of 
Rs. 2 crores per annum must be met by curtailing expenditure. Examining 
the various heads of expenditure the Chamber urge simpler establishment 
of the Governor and a re-organisation of the Secretariat to yield substantial 
economy by eliminating unnecessary duplication of work. The Chamber 
suggest the abolition of the posts of the Chief Secretary, Secretaries of 
departments with a departmental head such as Irrigation, Public Works, 
Education, Public Health, etc. The Chamber further opine that, apart from 
all that, assuming without admitting that the post of the Chief Secretary 
is a necessity, there is no reason to fix the Chief Secretary's salary at 
Rs. 3,750. The Chief Secretary is supposed to hold the same rank as a 
Divisional Commissioner ; and as such his salary should be fixed at Rs. 3,000, 
and even if he is given a compensatory allowance of Rs. 250 per month, it 
would have been a net saving of Rs. 6,000 per year. Then there are 5 
Secretaries and a Legal Remembrancer. All these six officers draw pay at 
the rate of Rs. 2,750. The normal procedure elsewhere in India is that a 
Secretary to Government draws pay on the senior time-scale and a Secre- 
tariat allowance of Rs. 250 per month. In the event of this procedure being 
adopted in Bengal, the Secretaries would draw roughly Rs. 2 500 per month 
which would amount to a saving of Rs. 18,000 per year. 

The Chamber also feel that the cost of the administration has been 
rendered unduly high by the large number of officers recruited from the 
Indian Civil Service serving under the Provincial Government with only 27 
districts. The Chamber add, Bengal certainly does not require the services 
of 176 civilians. The Chamber also take strong exception to the policy of 
giving superior charges to junior officers of even 5 or 6 years 1 standing, 
thereby giving them the benefit of senior scale of pay. Referring to the 
inordinate rise of expenditure in the police department, the Chamber suggest 
a radical change in police administration. The Chamber also think that the 
highest emoluments of any office should not exceed Rs. 2,500. The Chamber 
consider the flat cut of 10 per cent, as too meagre in regard to the Superior 
Services and recommend a further substantial cut on a graduated scale. 

INDIAN CHAMBER OF COMMERCE, CALCUTTA. 

The Indian Chamber of Commerce regretted that the recommendations 
of the Bengal Retrenchment Committee (1923) had not been given effect to. 
The Committee recommended a cut of Rs. 1 crores but as a matter of fact, 
the Chamber points out, the expenditure has since gone up by Rs. 1-J crores. 
The Committee then proceeded to make tentative proposals to wipe out the 
anticipated deficit of Rs. 2 crores. 

The Chamber urges that the axo should be applied at the top and superior officers 
should be requested to offer voluntary reductions in their emoluments. Failing this, 
legislative authority may be sought to enable the Government either to reduce salaries 



RETRENCHMENT PROPOSALS. 65 

and allowances etc., or to levy such special surtaxes from Government servants as would 
bring about the desired economy. 

The total expenditure on the Governor of Bengal (including his staff and house- 
hold) should not, in the opinion of the Committee, exceed Rs. 1 lakh per annum The 
Committee further feel that no officer of the Crown, however highly placed, should 
icceive total monthly emoluments of more than Rs 2,500, excluding His Excellency the 
Governor. All special allowances, honoraria, Lee Commission benefits and other awards 
to officers of Government should now be done away with and travelling allowances 
should be curtailed considerably. The summer exodus to Darjeeling entails heavy annual 
burden on the exchequer and it should be discontinued at once. His Excellency the 
Governor should be able to manage without having a special train to himself, and officers 
drawing amounts' less than Rs 1,500 per month should be allowed Second Class travelling 
allowances in Railways instead of First-Class. Similarly, those who draw salary of 
less than Ks. 500 per mouth should travel Inter-Class and persons drawing less than 
RS 100 per month should feel no hesitation in travelling Third Class. 

HOURS OF WORK The Committee propose that there should be an increase 
in the hours of work as well as in the number of working-days in Government offices 
so as to bring 1 them in line with banks and commercial firms, and the number of holidays 
and other leaves should be curtailed. The number of holidays in the High Court and 
the Subordinate Courts should also be reduced, and the working hours extended. 

CUT IN SALARY As regards immediate reduction of salaries, the Committee 
suggest the following scale, provided the maximum salary and emoluments do not exceed 
Rs. 2,500 in any case: 

Salary below Rs 50, no cut ; salary below Rs. 51 to Rs 100, 6i p.c. ; salary below Rs. 101 
to Rs. 250, 10 p.c.; salary below Rsi 251 to Rs 500, 13 p.c.; salary below Rs. 501 to Rs 1000, 20 
p.c. ; salary above Rs 1000, 25 p o. or more as necessary to bring down the highest salary to 
Rs 2500 per month and others Rs 1000 per month. 

REDUCED SCALE FOR NEW ENTRANTS Tt is suggested that for future 
entrants a reduced scale should be laid down. For new appointments, the Committee feel 
that Ministers, Executive Councillors, High Court Judges and persons of similar position 
should not receive more than Rs. 2000 per month. The pays of the Advocate General 
and the Solicitor to; Government should be reduced to Rs. 1.000 per month Members of 
All-India Services should be satisfied with a scale of Rs. 500 to Rs. 1200 and provincial 
service men may be given salaries of Rs 200 to Rs 500. For subordinate services, the 
salary should be between Rs 100 and Ks 300, and the clerical staff should get between 
Rs. 40 and Rs 150. 

REDUCTIONS SUGGESTED The Committee think that the Government of 
Bengal should be managed efficiently by two Executive Councillors and two Ministers 
instead of seven members of the Government as at present. As regards the Secretariat 
of Bengal, the Committee are of opinion that the Board of Revenue and the Divisional 
Commissioners should be abolished. The Land Acquisition Establishment should be 
abolished and the necessary work should be carried out by Sub- Judges. The Irrigation 
Department provides room for considerable reduction in view of the suspension and 
postponement of many of the works under this head. In regard to P. W. Department, 
the recommendations of the Bengal Retrenchment Committee should be carried out and 
all civil works should be stopped. 

EDUCATION DEPARTMENT The office of the Director of Public Instruction, 
Bengal, should be combined with that of the Secretary, Education Department, and the 
Government Art Schools and C olleges should be de-provincialised. In regard to inspec- 
tion of schools and colleges, it is the considered opinion of the Committee that considerable 
economy could be effected if arrangements are made for having suitable inspection work 
carried out honorarily by non-officials living in different localities. 

ECCLESIASTICAL DEPARTM ENT The Committee fails to understand why, in 
spite of assurances of equal treatment to subjects of all faiths and creeds, the Government 
should be partial to the organisation of one religion, by providing money for its estab- 
lishment and propagation. 

THE POLICE The Committee consider that the police expenditure^ in the province 
could be reduced by nearly 50 p.c. Among other suggestions which the Committee- would 
make are that the post of the Inspector-General of Registration should be abolished as 
recommended by the Bengal Retrenchment Committee and that the agency of the Indian 
Stores Department should be .utilised by the Bengal Government in order to obtain goods 
of the best possible quality at the lowest possible cost. 

The Committee submit that there should be no attempt, in the name of economy, 
to curtail expenditure on such services as are conducive to the progress of trade, industry 
and agriculture of the province. 

SUMMARY OF CUTS PROPOSED The following is a summary of the cuts 
proposed by the committee for balancing the Bengal Budget of 1932-33. The proposals 
made would bring down the expenditure by about Rs. 2,32 lakhs: Land Revenue 
Rs. 6,35,000; Excise Rs. 2,38,000; Stamps Rs. 5,000; Forest Rs. 2,20,000; Registration Rs. 4,15,000; 

9 



66 THE INDIAN RECORDER. 

Irrigation (Revenue a/c) Rs. 1,20,000; Irrigation (Working Expenses) Rs. 2,00,000; Irrigation 
(Construction) Rs 2,00,000; General Administration Rs 32,76,000; General Administration 
(in England) Rs. 54,000; Administration of Justice Ks. 23,21,000; Jails and Convict settle- 
ments Rs, 20,00,000; Police Rs. 72,55,000; Ports and Pilotage Rs. 1,00,000; Scientific Depart- 
ments Rs 4,000; Education (Reserved) Rs 10,00,000; Education (Transferred) Rs 20,00,000; 
.Medical &. 5,00,000; Public Health Rs. 5,00,000; Agricultural Rs. 3,00,000; Industries 
Ks, 2,00,000; Miscellaneous Departments Rs 1,00,000; Civil Works Rs. 10,00,000; Civil Works 
(not charged to revenue) Rs 10,000; Stationery and Printing Rs 5,00,000; Miscellaneous 
Rs, 1,00,000; Total Rs 2,32,53,000. 

BRITISH INDIAN ASSOCIATION 

The British Indian Association makes out a case for axing the reserved 
side which eats up the resources of the Provinces. Enumerating- the sala- 
ries of the different services under the Government the Association shows 
that these press heavy weight on the provincial finances and compares them 
with those prevailing in other countries. The Association advocates that an 
" Indian Scale of Salary " should be introduced. Among other recommenda- 
tions the Association suggests that the number of Executive Members and 
Ministers should be reduced to two each and their salaries standardised; 
the post of Divisional Commissioners should be abolished ; Co-operation 
Credit Department should be amalgamated with Agricultural Department; 
the Judicial and Executive Departments should be separated, the former 
being placed under the High Court; the number of Munsiffs and Sub-Judges 
should be reduced; Honorary Munsiffs should be appointed with minimum 
jurisdiction; the number of superintending Engineers, Inspectors of Local 
Works and Executive Engineers in the Public Works Department should 
be reduced; inspecting staff in the Education Department should be con- 
siderably reduced; etc. 

BOMBAY RE-ORGANISATION (RETRENCHMENT) COMMITTEE. 

In view of the difficult financial situation the Government of Bombay 
proposed some time back to appoint a Re-organisation Committee to sug- 
gest retrenchments in the administration of the Presidency but with the 
refusal of the Secretary of State to accord sanction to the appointment of 
Sir Frederick Gauntlett, a former Auditor-General of the Government of 
India as Chairman of this Committee, the Government of Bombay was in 
a fix. After a good deal of search for a competent man with administrative 
experience, the Government of Bombay finally decided on April 25 to appoint, 
subject to the sanction of the Secretary of State, Mr. G. A. Thomas, Home 
Member, as Chairman of the Re-organisation Committee. 

PERSONNEL. The personnel of the Committee (besides the Home 
Member) will be: Sir Cowasji Jehangir (Jr.), Dr. R. P. Paranjpye and Mr. E. 
W. Perry, LCS. (Secretary). 

TERMS OF REFERENCE. The terms of reference of the Committee 
are very wide and the Committee will inquire into the general administration 
of the Presidency, including the P. W. D. and the Secretariat administration. 

It will begin to function immediately the sanction of the Secretary of 
State is accorded to the appointment of Mr. Thomias as chairman. This 
sanction is necessary as the Home Member, an Executive Councillor, is ap- 
pointed by the Secretary of State. 

BOMBAY CABINET REDUCED 

In the meanwhile the Governor of Bombay decided to reduce the 
Strength of the Cabinet. A communique dated June 4 states that, in view 
of the difficult financial position of the Presidency, His Excellency the 
Governor has decided that it is desirable to reduce the* number of Members 
of his Council and Ministers from four and three to two and two respec- 



RETRENCHMENT PROPOSALS. 67 

tively. All the present Hon. Members and Ministers have promised to co- 
operate with His Excellency the Governor in bringing in this change 
whenever found necessary. Accordingly, the King Emperor has approved 
of the acceptance of the resignations of Sir Govind Pradhan, present Finance 
Member, and Mr. G. A. Thomas, present Home Member, with effect from 
July 15. To effect the desired reduction in the number of Ministers, His 
Excellency the Governor is accepting the resignation of Maulvi Sir Rafiuddin 
Ahmed with effect from the above date. 

RETRENCHMENT IN SERVICES IN MADRAS 

The Government of Madras was alsq busy in exploring ways and means 
of effecting retrenchments. The following revised rule was issued on May 1 
in the matter of posts substantially vacant on and from the 15th August 
last to be regarded as temporary : 

The rule issued on the 5th August, 1931, protects the interests only of those officers 
who had completed or were deemed under the statutory rules applicable to them to have 
completed their period of prohation satisfactorily before 15th August, 1931. Government 
have reconsidered the matter and have decided to extend the protection to certain other 
classes of officers. 

The following rule was issued: 

Notwithstanding anything contained in any rules, for the time being in fotca (herein- 
after referred to as the said rules) which were either made by the Local Government in 
exercise of the powers conferred by the Civil Services (Classification, Control and Appeal) 
Rules or which may be cancelled or modified by them in exercise of such power 

(1) the. cadre of any Provincial or Subordinate Service or any class or grade in such 
service shall be deemed 

(a) to be reduced by the number of posts which are substantially vacant on the 
15th August 1931, or which fall substantively vacant after that date, and, 

(b) unless the Local Government otherwise direct, to be increased temporarily by the 
number of such posts; 

Provided that this clause shall not affect the right of any person to appointment in 
any such service, class or grade or any post therein 

(i) in case a period of probation has been prescribed in respect of such* service, class* 
grade or post, whether by the said rules or by any orders applicable to such person and 
in force for the time being if such person has completed or is deemed under the said 
rules or orders to have completed his period of probation satisfactorily before the 15th 
August, 1931 ; and 

(ii) in case a period of probation has not been so proscribed if such person could 
have been appointed substantively to such service, class, grade or post before the 15th 
August, 1931 or had before that date officiated in such service, class, grade or post either 
for a continuous period of two years or for a total period of two years out of a con- 
tinuous period of three years 

Provided further that nothing in this clause shall bar the promotion of any person 
holding substantively any post 

(1) in an ordinary grade of a service or class to the selection grade thereof, or 
(ii) in any grade of a service or class to a higher grade therein, provided that neither 

of such grades is on a time-scale of pay, and 

(2) a person whose case is not governed by the proviso to clause (1) shall, on ap* 
pointment to any Provincial or Subordinate Service or to any class or 1 grade thereof or 
any post therein, be entitled not to the rates of pay specified in the said rules for such 
service, class, grade or post but to such rates of pay as the Local Government may here- 
after fix in that behalf. 

RETRENCHMENTS IN U. P. AND C. P. 

As a result of the recommendations of the Posts and Telegraphs Re- 
trenchment Committee appointed by the Government of India, the appoint- 
ment of the Deputy Postmaster-General (Telegraphs) and two Postal Divi- 
sions in the United Provinces have been abolished from the beginning of 
the year, resulting in a saving of nearly a lakh of rupees. 

As a measure of retrenchment, the Income-Tax Department of the Cen- 
tral Provinces will be amalgamated with that of the United Provinces and 
a joint office will be opened at Lucknow. 



ORDINANCES IN OPERATION 

GOVERNMENT POLICY ON SPECIAL MEASURES. 

REPUGNANCE to government by Ordinances was expressed in a repre- 
sentation made to the Government of India (January 25,1932) by the 
Council of the Western India National Liberal Association. The representa- 
tion also contained suggestions regarding the administration of the Ordinan- 
ces and invited the attention of the Government to the operation's of the 
Criminal Law Amendment Act of 1908 in so far as it affected the activities 
in connection with the advocacy of the use of Indian goods. The position 
of the Government was stated in their letter dated April 11 addressed to 
the Association. In it the Viceroy assured the Council that resort to 
Ordinances was repugnant to His Excellency and his Government and 
deplored the necessity which occasioned their promulgation. He also upheld 
that any action taken should not be arbitrary or vindictive. 

THE TEXT OF THE LETTER. 

The text of the letter written by H. E. the Viceroy's Private Secretary 
follows : 

"His Excellency is g'ad to observe that in accordance with their adherence to 
constitutional methods, the Council hold that the civil disobedience movement cannot 
be in the best interests of the country. At the same time, they state their 1 repugnance 
to government by Ordinances, and express their emphatic opinion that no Ordinance 
should interfere with the liberty of a law-abiding subject and much less with the 
ordinary amenities of civic life; nor ought it hamper legitimate political activity. 

1 am to assure your Council that resort to Ordinances is repugnant to His 
Excellency and his Government, and they deplore the necessity which has occasioned 
their promulgation. They would, however, remind your Council that the movement 
which the Ordinances are designed to meet has as its proclaimed object the subversion 
of government as established by law through the paralysis of the administration, and 
that its methods include direct interference with the freedom of the people and with the 
ordinary amenities of life, and substitute direct action for constitutional political activity. 
In combating the movement. Government arc, therefore, acting in defence of the 
principles lo which your Council rightly attach importance, and they are, therefore, the 
more anxious that measures which they themselves may have to take shall involve as 
little encroachment on those principles as circumstances permit. 

No Vindictive Action 

Tn regard id the suggestions contained in the representation regarding the adminis- 
tration of the Ordinances, I am to say that it is the desire of the Government 1 of India 
that the powers should not be used in excess of requirements or for purposes other 
than those for which they are intended. It is further their desire that the action taken 
should not be arbitary or vindictive, or designed deliberately to cause humiliation. The 
wishes of the Government of India in these respects were communicated to Local 
Govenments some weeks ago, and the Government of India believe that the latter are 
giving full effect to them. 

As regards some of the particular provisions to which your Council refers, I am 
to make the' following observations: 
Under Section 3 

(a) The Council suggests that if the time has not come to make section 3 of the 
Emergency Powers Ordinance inoperative, a locus paenitenttae should be given to persons 
arrested by affording them the opportunity of making a declaration in writing, and of 
furnishing security, to abstain from acts prejudicial to the public safety or peace. In 
this connection, I am to ?.y that although the powers contained in section 3 are still 
required, local governments are not at present finding it necessay to resort to them 
to anything like the same extent as two months ago. It may, for instance, be of interest 
to your Council to know that while the number of persons in detention under section 
3 at the end of January was 2,758, the number was only 341, at the end of February. 



ORDINANCES IN OPERATION. 69 

Order to Report 

Again, it is definitely the policy of Government to; afford a locus pacnittntiac to 
those persons, detained under the section, who are prepared to give undertakings to 
the satisfaction of the Local Governments concerned that they will not act' in furtherance 
of a movement prejudicial to the public safety, and a large number of persons have been 
released on giving such undertakings. Your Councill will, however, doubtless agree that 
the object of this section and of section 4 would be defeated, if local Governments failed 
to satisfy themselves that such undertakings, if given, would be duly observed^ In this 
connection, I attach an extract from a circular* issued by a Provincial Congress Committee 
which illustrates the nature of the difficulties with which Local Governments have to 
contend. 

(b) The above remarks are relevant to the observations of the Council regarding 
the administration of section 4 of the same Ordinance. Reference is there made to orders 
which require that the person concerned should report himself to a police station, and 
it is suggested that some persons, who are unwilling to suffer this indignity and, therefore, 
defy the order, would comply with conditions of a less drastic character whichx would still 
attain the desired object. It is understood that the remarks of the Council have special 
reference to orders under section 4 which it has been found necessary to issue in Bombay 
City. In this connection, I am to inform the Council that it is the practice to issue such 
orders only after the authorities have fully satisfied themselves by discussion with the 
persons concerned that they will not observe conditions of a less drastic nature and 
after they have declined to give satisfactory undertakings that they will cease to parti- 
cipate in the civil disobedience movement I am also to say that orders of this kind 
are imposed, not with any desire or intention of causing humiliation, but with the practical 
object of preventing unlawful activities; it has been found from experience that, in the 
absence of strict orders, persons who are determined to further the objects of the 
movement have, in some casesy been able to do so for some days before effective action 
could be taken against them. Orders of this kind, however, are not given when a 
satisfactory alternative is possible. 

(c) In regard to the criticisms of the scope of section 5 of the Emergency Powers 
Ordinance, I am to say that instructions were issued some time ago which will ensure 
that the powers will not be used except for the specific purposes stated in the section. 

Boycott and Swadeshi 

3. In the last paragraph of the representation, the attention of Government is 
invited to the operation of the Criminal Law Amendment Act of 1908, consequent on 
the declaration, of certain associations as unlawful, in so far as it affects certain activities 
and, in particular, the advocacy of the use of Indian goods. The Council urged that 
Go\ernment should make a clear declaration of policy that they do not propose to proceed 
against, or punish, any individual or association that may be engaged in such activities. 
In this connection, I am to refer you to the following extract from paragraph 6 of the 
Statement issued by the Govcrnor-General-in-Council on the 5th of March, 1931 : 

'The position of Government is as follows They approve of the encouragement 
of Indian industries as part of the economic and industrial movement designed to improve 
the material condition of India, and they have no desire to discourage methods of 
propaganda, pursuation or advertisement pursued with this object m view, which do not 
interfere with the freedom of action of individuals, or are not prejudicial to the main- 

*Thc following arc extracts from a circular issued by the Karnatak Provincial 
Congress Committee, dated 19th January, 1932- 

It is likely that as soon as the workers, are released they will be served with some 
order asking them not. to help the Civil Disobedience Movement and also in report 
themselves to the Police Sub-Inspector once or twice a day. 

5. If the order asks us to report ourselves at the police station, it is impossible 
to tolerate it. We must ignore it ami immediately go on with our work in the village*, 
especially we must meet the organisers in the various centres and develop plans for 
the future. 

6. But if the order simply asks us not to help the Civil Disobedience Movement 
we need not express disobedience by an open action immcdiatclv like holding a public 
meeting and calling upon people to join Civil Disobedience, etc. We must not be trapped 
thus by enemies. But our duty in that case will he to organise our forces, strengthen 
our finance, etc. 

(1) Each worker should visit the active centres in his taluka or district. 

(2) Should call together the workers in these centres and organise the furthe) 
programme of work both by way of Civil Disobedience and Boycott of 
British Goods and foreign cloth. 

(3) Should devise measures for adequate finance. 

7. We must bear in mind that we must strain every nerve to keep the organisation 
going on and give an organised and determined fight to the enemy on every front. 



70 THE INDIAN RECORDER. 

tenance of law and order. But the boycott of non-Indian goods (except of cloth which 
has been applied to all foreign cloth) has been directed during the civil disobedience 
movement chiefly, if not exclusively, against British goods, and in regard to these it 
has been admittedly employed in order to exert pressure for political ends.' 

Government have abundant evidence that those responsible for the present civil 
disobedience movement are pursuing the same policy as in 1930, and further, that the 
boycott of British Goods is being xised not only as a political weapon, but as part of a 
general policy to cripple financially the Government of India and Great Britain. It is, 
m fact, an outstanding feature of a movement which is designed to subvert Government 
and which is prejudicial in the highest degree to the maintenance of law and order, 
As such, it is essentially different in purpose and principle both from the campaign in 
England in favour of. British goods and from a genuine economic and industrial move- 
ment in India in favour of Indian industries pursued by constitutional means. As your 
Council will no doubt recognise, these facts definitely preclude a declaration of policy 
which would in any way lend itself to the suggestion that activities carried on in 
furtherance of the civil disobedience movement can be regarded as legitimate. 
Not Penalising Swadeshi 

At the same time, it is not the wish of the Government of India that activities 
should be penalised which are pursued, not in furtherance of the civil disobedience 
movement, but in promotion of Indian industries and by constitutional means, and they 
desire that this principle should be observed in the administration of the Ordinances 
and other provisions of the law. In this connection, they are advised that the Criminal 
Law Amendment Act of 1908 does not operate to produce the, results which your Council 
apprehend. In order to constitute an offence under section 17 (1) of that Act, in so 
far as that section relates to atsisting the operations of an unlawful association, it is 
necessary to satisfy the Court that 

(a) the accused has so acted as to assist the operations of an unlawful 

association, and 

(b) that, if the actual intention is not proved, the evidence is sufficient to justify 

thet inference that it was the intention of the accused to assist the opera- 
tions of the unlawful association. 

These conditions afford protection to law-abiding citi/.cns who ex hypothtn have 
no desire or intention to assist the operations of an association that has been declared 
unlawful." 

SPECIAL POWERS EMERGENCY ACT, 1932 

FUTURE OF THE ORDINANCES 

The four Ordinances, namely the Emergency Powers Ordinance, the 
Unlawful Instigation Ordinance, the Unlawful \ssociation Ordinance and 
the Prevention of Molestation and Boycotting Ordinance, promulgated on 
January 4, 1932, continued to operate during the quarter ending June- 1932. 
Besides arresting and prosecuting persons charged with offences under the 
above Ordinances, detaining suspected persons, controlling posts, telegraphs 
and declaring many associations unlawful, restraint orders were issued on 
many prominent persons prohibiting them from taking part in the organisa- 
tion of or participating in any picketing, boycott, hartal, or public meeting 
or labourers' meeting, from speaking in any such meeting or in any 
public places or in a ' place where 5 or more persons have collected. 
They were also ordered not to themselves act, nor encourage, nor assist any 
other person in any w,ay to act? in a manner prejudicial to the public safety 
or peace, nor take part in or organise any meeting directly or indirectly 
against the non-payment of rent to zemindars or dues to 'mahajans' nor do 
anything in support of these agitations ; nor take part in any procession or 
hoist any Swaraj Flag and help any one do it; nor encourage any other 
anti-Government activities. They were directed to exert their influence 
to combat the Civil Disobedience movement, no-rent campaign and the 
agitation about non-payment of dues to 'mahajans'. Collective fines were 
also imposed on the inhabitants of some villages appearing to be concerned 
in the commission of offences and other acts which are prejudicial to the 
maintenance of law and order and to harbour persons concerned in the 
commission of such offences and acts; punitive police was posted in some 



ORDINANCES IN OPERATION. 71 

villages while buildings were taken possession of for the accommodation of 
troops or police ; assistance of certain persons was required to assist in the 
maintenance of law and order; guardians were directed to pay fine for 
offences committed by their wards ; properties were attached for non-pay- 
ment of fines and land revenue, and funds of unlawful associations forfeited; 
meetings were banned and processionists dispersed; etc., etc. 

The expiration of the Ordinances on July 3 next gave an opportunity 
to the Government of India to reconsider the whole situation. There was 
a growing opinion not only among Nationalists but -all Indians that the 
Ordinances had failed in their purpose. The Liberals impressed upon the 
Government that continued administration by executive laws was a negation 
of justice and would inevitably deepen popular discontent. They feared 
that the enactment of Ordinances was calculated to indefinitely prolong the 
present stalemate and also explained that with ordinary law, including the 
Criminal Law Amendment Act and section 144 of the Criminal Procedure 
Code, the Government could do whatever it liked by way of dealing with 
such parts, as the Congress movement, a i s they might consider undesirable. 
The Independent Labour Party in London also advocated the principle of 
conciliation with the Congress. It was thought that if Mr. Gandhi^ remained 
in prison and Government continued to apply generally ordinances, which 
were only justified in a few districts, the constitution would be a waste 
paper. Repression was considered to have rendered futile any attempt to 
endow India with self-government on a professedly democratic basis. But 
the Secretary of State thought that there would be on July 3 an emergency 
sufficiently grave to necessitate the exercise of the special powers and he 
felt that in the interest of law and order the Ordinances should be continued. 

NEW CONSOLIDATED ORDINANCE 

The Special Powers Ordinance, 1932 was consequently promulgated on 
June 30 including most of the powers contained in the four Ordinances 
now in force. Certain powers contained in the Emergency Powers 
Ordinance II of 1932 are not however found in the present Ordinance. These 
are the wide powers to control the supply of commodities of general use 
( Section 8 of the Emergency Powers Ordinance) ; the power to take posses- 
sion of movables (Section 9 of the Emergency Powers Ordinance) ; the power 
to employ additional police (Section 12 of the Emergency Powers Ordinance) 
and the power to control public utilitv services (Section 14 of the Emer- 
gency Powers Ordinance). There have been slight modifications in one 
or two other sections. 

No additional power has been taken except that contained in the last 
section of the Ordinance which validates the continuance of action or orders 
taken under the existing ordinances. It also provides for the continuance 
of trials and for the prosecution for offences committed under the existing 
Ordinances but not yet brought to trial. 

SCHEME OF THE ORDINANCE 

Under the scheme of the Ordinance certain powers are brought into 
force at once throughout British India. These are powers which have All- 
India force under the existing Ordinances. The most important of these 
is the provision which amends the Press Act. All or any of the remaining 
powers can be extended by the Government of India to any province or part 
of a province, but they do not come into force until the Local Government 
issues a notification to this effect. The Local Government need not bring a 
particular power into force over the whole of a province even though it 
has been extended to the whole of the province, by the Government of India. 
It can apply it to such areas within the province which it thinks necessary 



72 THE INDIAN RECORDER. 

and in fact this is the policy which Local Governments are pursuing. The 
extent of the operations of particular powers must therefore be judged not 
by the notification of the Government of India but by the notifications of 'the 
Local Government specifying the areas in which particular powers will be 
operative. 

POSITION IN THE PROVINCES. 

It is understood that as compared with the position under the existing 
Ordinances, the areas in which particular powers are operative will be consi- 
derably restricted. Some Local Governments have been able not only to 
narrow the area within which powers will apply but also to do without 
powers which they now possess. The fact that Local Governments have 
not taken powers they previously possessed or that they have not applied 
previous powers to areas in which they were in force will not however pre- 
clude necessary action being taken if the relaxation of powers should lead 
to a recrudescence of unlawful activities in any area. 

The restricted extent to which powers given by the new Ordinance will 
apply is illustrated by a few examples. First, except for the provisions 
which arc of All-India application, the following portions of British India 
will be entirely free from the application of any powers contained in the 
Ordinance: (a) 4 out of 5 districts of the North- West Frontier Province, 
(b) 17 out of 29 districts of the Punjab including the whole of the Multan 
and Rawalpindi divisions with the exception of two districts, (c) 26 out of 
48 districts of the United Provinces, (d) 11 districts of Bengal, (e) 10 out 
of 22 districts of the Central Provinces, (f) 6 out of 14 districts of Assam. 
It will thus be seen that in Northern India considerably more than one 
half of the North-West Frontier Province, the Punjab and the United Pro- 
vinces will now be free from Ordinances and they will remain free unless 
the people themselves make it necessary to apply particular provisions of the 
Ordinance. Similarly almost half of the Central Provinces will be free. 

Secondly, apart from the areas above mentioned, the whole of Madras, 
Assam, the Central Provinces and Ajmer-Merwara will be without the 
powers corresponding to the Emergency Powers Ordinance. 

Thirdly, the powers corresponding to the Unlawful Instigation Ordinan- 
ces which provides against a no-rent or no-revenue campaign will be of very 
limited application so far as areas are concerned. They will, in fact, be res- 
tricted to 21 districts of the United Provinces, one district of the Bombay 
Presidency and one small area in Ajmer-Merwara. 

Fourthly, there are many instances in which local Governments, while 
finding it necessary to retain certain powers, have been able to abandon 
others or have been able to dispense with their operation in particular dis- 
tricts. The Central Provinces, for instance, are not re-applying the powers 
of the Prevention of Molestation and Boycotting Ordinance in six districts 
where they are now in force or the powers corresponding to the Unlawful 
Association Ordinance in four districts where they are now in force. The 
Delhi Administration has been able to dispense with a number of powers 
corresponding to powers under the Emergency Powers Ordinance which they 
now possess. Madras is dispensing with the powers of the Unlawful Insti- 
gation Ordinance which are now in force in three districts. Bombay is not 
applying the powers relating to Molestation and Boycott in 20 districts. 
Bengal i's dispensing with all their present powers in 10 districts, the 
United Provinces in 26 districts and the Punjab in 17 districts. Bihar and 
Orissa are doing without certain powers in 5 districts. Assam is withdraw- 
ing powers under the Prevention of Molestation and Boycotting Ordinance 
from six districts and the North-West Frontier Province Government are 



ORDINANCES IN OPERATION. 73 

withdrawing all powers from the whole of the province except the Peshawar 
District. 

TEXT OF THE ACT 

The full text of the Act follows : 

Whereas an. emergency has aiisen which makes it necessary to confer special powers 
upon Government and its officers for the purpose of maintaining law and order; 

Now, therefore, in exercise of the power conferred by section 72 of the Government 
of India Act, the Governor-General is pleased to make and promulgate the following 
Ordinance : 

CHAPTER I 
PRELIMINARY 

1. Short title, extent and commencement. (1) This Ordinance may be called the 
Special Powers Ordinance, 1932. 

(2) This Chapter and Sections 64, 74, 75, 76, 77, 78, 79 and 80 extend to the whole 
of British India, including British Baluchistan and the Sonthal Parganas, and the Gov- 
ernor-General in Council may by notification in the " Gazette of India," extend any or 
all of the remaining sections to the said area or to any province or part of a province 
specified in the notification. 

(3) This Chapter and sections 64, 74, 75, 76, 77, 78, 79 and 80 shall come into force 
at once, and the Local Government may, by notification in the local official Gazette, direct 
that any or all of the remaining provisions shall come into force in any area to which 
they have been extended, on such date as may be appointed in the 1 notification. 

2. Definitions. In this Ordinance, unless there is anything repugnant in the subject 
or context (1) "the Code" means the Code of Criminal Procedure, 1898; and (2) "District 
Magistrate " means, in the case of a Presidency-town or the town of Rangoon, the 
Commissioner of Police, except in Chapters IV and VI where, in the case of a Presidency- 
town, it means the Chief Presidency Magistrate. 

CHAPTER II 
EMERGENCY POWERS 

3. Power to arrest and detain suspected persons. (1) Any officer of Government 
authorised in this behalf by general or special order of the Local Government may, if 
satisfied that there are reasonable grounds for believing that any person has acted, 
is acting, or is about to act, in a manner prejudicial* to the public safety or peace, him- 
self arrest such person without warrant, or may direct the arrest without warrant of 
such person, and in making such arrest any means that may be necessary may be used. 

(2) An arrest made by or on the direction of any officer 1 under this section shall be 
reported forthwith to the Local Government by the officer so making or so directing the 
arrest, as the case may be, and such officer may, by order in writing, commit any person 
so arrested to such custody as the Local Government may, by general or special order, 
specify in this behalf: 

Provided that no, person shall, unless the Local Government by special order other- 
wise directs, be so detained in custody for a period exceeding fifteen days: 

Provided further that no person shall b.e so detained in custody for a period 
exceeding two months. 

4. Power to control suspected persons. (1) The Local Government, if satisfied 
that there are reasonable grounds for believing that any person has: acted, is acting, 
or is about to act in a manner; prejudicial to the public safety or peace or in furtherance 
of a movement prejudicial to the, public safety or peace, may, by order in writing, give 
any one or more of the following directions, namely, that such person (a) shall not enter, 
reside or remain in any area specified in the order; (b) shall reside or remain in any 
area specified in the order; (c) shall remove himself from, and shall not return to any 
area specified in the order; (d) shall conduct himself in such manner, abstain from such 
acts, or take such order with any property in his possession or under his control, as 
may be specified in the order. 

(2) An order made under sub-section (1) shall not, unless the Local Government by 
special order otherwise directs, remain in force for more than one month from the 
making thereof. 

(3) An order made under sub-section (1) shall be served on the person to whom 
it relates in the manner provided in the Code for service of a summons. 

5. Power to take possession of building. (1) If, in the opinion of the Local 
Government, any land or building can be utilised as quarters or offices for public servants, 
or for the accommodation of troops or police, the Local Government may, by order in 
writing, require the occupier or other person in charge of the land or building to place 
it at the disposal ofi Government at such time as may be specified in the order, together 

10 



*4 THE INDIAN RECORDER. 

with the whole, or any part specified in the order, of any fixtures, fittings, furniture or 
other things for the time being in the building; and the Local Government may dispose 
of or use such land, building, fixtures, fittings, furniture or other things in such manner 
as it may consider expedient. 

(2) In this section "building" includes any portion or portions of a building whether 
separately occupied or not. 

6, Power to prohibit or limit access to certain places. The* District Magistrate may, 
by order in writing, prohibit or limit, in such a way as he may think necessary for the 
public advantage, access to any building or place in the possession or under the control 
of Government or of any railway administration or local authority or to any building or 
place in the occupation, whether permanent or otherwise, of His Majesty's Naval,* Military 
or Air Forces or of any police force OP to any place in the vicinity of 'any such building 
or place. 

7. Power to prohibit 01 regulate traffic. The District Magistrate may by order in 
writing, prohibit or regulate, in such a way as he may think necessary for the public 
advantage, traffic over any road, pathway, bridge, waterway or ferry. 

. Power to regulate means of transport. (1) The District Magistrate may by order 
in writing, require any person to make, in such form and within such time and to such 
authority as may be specified in the order, a return of any vehicles or means of transport 
owned by him or in his possession or under his control. 

(2) The District Magistrate, if, in his opinion, it is necessary for the* public advant- 
age, may, by order in writing, require any person owing or having in his possession 
or under his control any vehicle or means of transport to take such order therewith 
for such period as may be specified in the order. 

9. Powers regarding arms, ammunition, etc.-(l) The District Magistrate may, by 
order in writing, publish in such manner as he thinks best adapted for informing the 
persons concerned, (a) prohibit, cither absolutely or subject to such exception as may 
be specified in the order, the purchase, sale or delivuy of, or other dealing in any 
arms, parts of arms, ammunition or explosive substances ; or (b) direct that any person 
owning or having in his possession or under his control any arms, parts ofi arms*, ammuni- 
tion or explosive substances, shall keep the same in a secure place approved by the 
District Magistrate or remove them to any place specified in the order. 

(2) The District Magistrate may take possession of (a) any arms, ammunition or 
explosives, or (b) any tools, machinery, implements or other material of any kind, likely 
in his opinion, to be utilised, whether by the owner or by any other person, for the. 
purpose of causing unlawful hurt or damage to any person or to any property of 
Government or of any railway administration or of any local authority, and may make 
such orders as he 1 may think fit for the custody and disposal thereof 

10. Power to require the assistance of certain persons. Any officer of Government 
authorised in this, behalf by general or special order of the Local Government may, within 
any area specified in such order, require any landholder, village headman, lambardar, 
inamdar or jagirdar, or any officer or servant of any local authority, or any teacher in 
any school, college or other educational institution, to assist in the restoration and main- 
tenance of law and order and in tlie protection of property in the possession or under 
the control of Gcnernment or of any railway administration or local authority in s;:h 
manner and within such limits as the officer so authorised may specify. 

11 Power to control posts and telegraphs. The District Magistrate, if, in his 
opinion, it is necessary for the public advantage, may, in consultation with the chief 
postal authority in the district, control the operation of any posts, telegraph, telephone 
or wireless office or station, and, in particular, may intercept any postal article or 
telegraphic, telephonic or wireless message in tho course 'of transmission, may ascertain 
its contents and may prohibit its further transmission. 

12. Power td regulate the use of railways and vessels The District Magistrate may 
(a) require accommodation to be provided on any railway train or any vessel for any 
passenger or goods, and, for this purpose, exclude from such train or vessel any 
passengers or goods which it is already carrying or about to carry; (b) require that any 
specified persons or classes of persons or persons proposing to travel to specified destina- 
tions, or any specified goods or classes of goods or goods consigned to specified destina- 
tions, shall not be carried on any railway or vessel; (c) exclude or eject any passenger 
from any train or vessel; (d) stop, or prohibit the stopping of trains or vessels at any 
station; or (e) in consultation with the local railway authorities, require special trains 
to be provided for the conveyance of troops, police or other persons. 

13. Power to secure reports of public meetings. The District Magistrate may, be 
order in writing, depute one or more police officers, not below the rank of head, constable, 
or other persons, to attend any public meeting for the purpose of causing a report to 
be made of the proceedings, and may, bv such, order, authorise the persons so deputed to 
take with them an escort of police officers. 

Explanation. For the purposes of this section a public meeting is any meeting 
which is open to the public or to any class or portion of the public, and a meeting may 



ORDINANCES IN OPERATION. 75 

be a public meeting notwithstanding that it is held 'in a private place and notwithstanding 
that admission thereto is restricted by ticket or otherwise. 

14. Power to issue search warrants. The power to issue search-warrants conferred 
'by section 98 of the Code shall be deemed to include a power to issue warrants authoris- 
ing (a) the search of any place in which any Magistrate mentioned in that section has 
reason to believe that any offence under this Ordinance or any act prejudicial to the public 
safety or peace has been, is being or is about to be committed, or that preparation for 
the commission of any such offence or act is bein$ made; (b) the seizure in or on any 
place searched under clause (a) of anything which the officer executing the warrant has 
reason to believe is being used, or is intended to be used, for any purpose' mentioned in 
that clause; and the provisions of the Code shall, so far as may be, apply to searches 
made under the authority of any warrant issued, and to the disposal of any property 
seized, under this section. 

15. General power of search. Any authority on which any power is conferred by 
or under this Chapter may, by general or special oVder, authorise any person to enter 
and search any place, search of which such authority has reason to believe to be 
necessary for the purpose of (a) ascertaining whether it is necessary or expedient to 
exercise such power ; or (b) ascertaining whether any order given, direction made, or 
condition prescribed in the exercise of such power has been duly complied with; or (c) 
generally, giving effect to such power or securing compliance with, or giving effect to, 
any order given, direction made or condition prescribed in the exercise of such power 

16. Power to give effect to orders if disobeyed. If any person disobeys or neglects 
to comply with an order made, direction given, or condition prescribed, in accordance 
with the provisions of this Chapter, the authority which made the order, gave the direction 
or prescribed the condition may take or cause to be taken such action as it thinks 
necessary to give effect thereto. 

17. Penalty for disobeying order under section 4 Whoever disobeys or neglects 
to comply with any order made or direction given in accordance with the provisions 
of section 4 shall be punishable with imprisonment which may extent to two years ; or 
with fine, or with both. 

18. Penalty for disobeying other orders under this Chapter. -Subject to the pro- 
visions of section 17, whoever disobeys or neglects to comply with any order made, 
direction given, or condition prescribed in accordance with the provisions of this Chapter 
or impedes the lawful exercise of any power^ referred to in this Chapter shall be 
punishable with imprisonment which may extcnd'to six months; or with fine, or with both. 

19. Claims for compensation (1) Any person who has suffered any direct loss or 
damage by reason of action taken under section 5 or sub-section (2) of section 9 may, 
within two months from the date on which the action was taken, -lodge a claim for 
compensation with the Local Government, or with such officer as the Local Government 
may appoint in this behalf. 

(2) No claim for compensation may be lodged for loss or damage caused in any 
case where action has been taken under section 16. 

(3) Any claim lodged under sub-section (1) may be investigated by such officer 
as the Local Government may appoint in this behalf and any amount which may be 
agreed upon between the Local Government and the claimant shall be paid to him. If 
the amount is not agreed upon, the claim shall be decided by an Arbitration Tribunal 
in the manner hereinafter provided, 

20. Constitution for Arbitration Tribunals. (1) The Local Government may con- 
stitute an Arbitration Tribunal for the trial of any particular* claim or claims or of claims 
of a specified kind, or of claims arising within a specified area for which provision 'is 
not otherwise made. 

(2) An Arbitration Tribunal shall consist of three persons who are (a) Commis- 
sioners : or (b) persons who have presided in a Civil Court of any grade for not less 
than five years; or (c) persons who are qualified under sub-section (3) of section 101 
of the Government of India Act for appointment as Judges of a High Court; or (d) 
persons who have exercised powers of a Magistrate of the first class for not less than 
five years; or (e) persons having soecial knowledge of matters such as those which 
may be in dispute. 

(3) The Local Government shall appoint one of the members to be President of 
the Tribunal. 

(4) If for any reason any member of an Arbitration Tribunal is unable to, discharge 
his duties, the Local Government shall appoint another member in his place, and on 
any such change occurring it shall not be incumbent on the Tribunal to re-call or re-hear 
anv witness who has already given evidence in regard to any claim before it. and the 
Tribunal may act on any evidence already recorded by or produced before it. 

21. Procedure of Arbitration Tribunals. (1) Arbitration Tribunals may take 
evidence on oath (which such Tribunals are hereby empowered to administer) and shall 
have such powers to enforce the attendance of witnesses and the production of evidence 
as a Civil Court has under the Code of Civil Procedure, 1908. 



76 THE INDIAN RECORDER. 

(2) In the event of any difference of opinion among the members of an Arbitration 
Tribunal, the opinion of the majority shall prevail, 

(3) Subject to any rules which the Local Government may make in this behalf, 
the President of an Arbitration Tribunal may make orders consistent with this Chapter 
to provide for the place and conduct of a trial and all other ancillary matters which 
lie may think necessary for carrying into effect the provisions of this Chapter. 

22. Delegation of powers. (1) The Local Government may invest the District 
Magistrate with the powers of the Local Government under sub-section (1) of Section 
4, and may invest the District Magistrate or any Subdivisional Magistrate, or any police 
officer not below the rank of Deputy Superintendent, with any of the powers of the 
Local Government under Section 5. 

(2) The Local Government may invest any Subdivisional Magistrate, or any police 
officer not below the rank of Deputy Superintendent, witjh anv of the 1 powers of a District 
Magistrate under this Chapter. 

(3) The District Magistrate may, by order in writing, authorise any officer to 
exercise any of the powers of the District Magistrate under this Chapter in a specified 
area or in connection with a specified emergency. 

23. Reserve power to Governor-General in Council. The Governor-General in 
Council may exercise any of the powers of a Local Government under this chapter. 

CHAPTER III 
OFFENCES AND PENALTIES 

24. Tampering with public servants. Whoever induces or attempts to induce any 
public servant or any servant of a local authority or any railway servant to disregard 
or fail in his duty as such servant shall be punishable with imprisonment which may 
extend to one year, or with fine, or with both. 

25. Dissuasion from enlistment. Whoever dissuades or attempts to dissuade any 
person from entering the military or police service of His Majesty shall be punishable 
with imprisonment which may extend to one year, or with fine, or with both. 

26. Dissemination of false rumours. Whoever by words, whether spoken or 
written, by signs or by visible or audible representations or otherwise publishes any 
statement, rumour of report which is false and which he has no reasonable ground to 
believe to be true, with intent to cause or which is likely to 1 cause fear or alarm to the 
public or to any section of the public, or hatred or contempt towards any public servant, 
or any class of His Majesty's subjects, shall be punishable with imprisonment which may 
extend to one year, or with fine, or with both. 

27. Imposition of collective fine on inhabitants of turbulent areas. (1) Where it 
appears to the Local Government that the inhabitants of any area! are concerned in 
the commission of offences or other acts which are prejudicial toi the maintenance of law 
and order or to the public revenues, or arc harbouring persons concerned in the com- 
mission of such offences or 1 acts, the Local Government may, by notification in the local 
official Gazette, impose a collective fine on the inhabitants of that area, 

(2) The Local Government may exempt any person or class or section of such 
inhabitants from liability to pay any portion of such fine. 

(3) The District Magistrate, after such inquiry as he may deem necessary, shall 
apportion such fine among the inhabitants who are liable collectively to pay it, and such 
apportionment shall be made according to the District Magistrate's judgment of the 
respective means of such inhabitants. 

C4) The portion of such fine payable by any person may be recovered from him 
as a fine or as arrears of land revenue. 

(5) The Local Government may award compensation out of f the proceeds of a fine 
realised under this section to any person who, in the opinion of the Local Government, 
has suffered injury to person or property by the unlawful acts of the inhabitants of the 
area. 

Explanation. For the purposes of this section, the " inhabitants " of an area includes 
persons who themselves or by their agents or servants occupy or hold land or other 
immovable property within such area, and landlords who themselves or by their agents 
or servants collect rents from holders or occupiers of land in such area notwithstanding 
that they do not actually reside therein. 

28. Dissemination of contents of proscribed documents. Whoever publishes, circu- 
lates or repeats in public any passage from a newspaper, book or othert document, copies 
whereof hay been declared to be forfeited to His Majesty under any other law for 
the time being in force, shall be punishable with imprisonment which may extend to six 
months, or with fine, or with both. 

29. Power to direct payment by parent or guardian of fine imposed on a yuung 
person. (1) Where any young person under the; age of sixteen years is convicted by any 
Court of an offence under this Ordinance or of an offence which in the opinion of the 
Court has been committed in furtherance of a movement prejudicial to the public safety 
or peace, and such young person is sentenced to fine, the Court may order that the fine 



ORDINANCES IN OPERATION. 77 

shall be paid by the parent or guardian of such young person as if .it had been a fine 
imposed upon the parent or guardian: 

Provided that no such order shall be made unless the parent or guardian has 
had an opportunity to appear before the Court and be heard. 

(2) In any such case the Court may direct by its order that in default of payment 
of the fine by the parent or guardian, the parent or guardian shall suffer imprisonment 
as if the parent or guardian had himself been convicted of the offence for which the 
voung person is convicted. 

CHAPTER IV 
SPECIAL CRIMINAL COURTS 

30. Special Courts. Courts of criminal jurisdiction may be constituted under this 
Ordinance of the following^classes, namely: 

(1) Special Judges; (ii) Special Magistrates; (iii) Summary Courts. 

31. Special Judges. The Local Government may appoint to be a Special Judge for 
such area as it may think fit any officer who has acted for a period of not less than 
two years in the exercise of the powers of a Sessions Judge under the Code. 

32. Jurisdiction of Special Judges. Subject to the provisions of section 48, a Special 
Judge shall try such offences as the Local Government, or an officer empowered by the 
Local Government in this behalf, may, by general or special order in, writing, direct. 

33. Procedure of Special Judges. (1) A Special Judge may take cognisance of 
offences without the accused being committed to his Court for trial, and, in trying accused 
persons, shall follow the procedure prescribed by the Code for the trial of warrant cases 
by Magistrates: 

Provided that a Special Judge may make a memorandum only of the substance 
of the evidence of each witness examined, and shall not be bound to adjourn any trial 
for any purpose unless such adjournment is, in his opinion, necessary in the interests 
of justice. 

(2) In matters not coming within the scope of sub-section (1), the provisions of 
the Code, so far as they are not inconsistent with this Ordinance, shall apply to the 
proceedings of a Special Judge; and for the purposes of the said provisions, the Court 
of the Special Judge small be deemed to be a Court of Session. 

34. Sentences by Special Judges. A Special Judge may pass any sentence authorised 
by law. 

35. Appeals and confirmation. (1) An appeal shall lie in the case of any sentence 
passed by a Special Judge of death or of transportation or imprisonment for a term 
of two years or more, and the provisions of the Code and of the Indian Limitation Act, 
1908, shall apply in respect of such 1 appeal as 1 if it were an appeal under the Code from 
a sentence passed by a Court of Session exercising jurisdiction in the area in which 
the offence was committed. 

(2) A sentence of death passed by a Special Judge shall be. subject to confirmation 
in the manner provided in the Code for the confirmation of a, sentence of death passed 
by a Court of Session. 

36. Special Magistrates. Any Presidency Magistrate or Magistrate of the first 
class who has exercised powers as such for a period of not less than two years may be 
invested by the Local Government with the powers of a Special Magistrate under this 
Ordinance. 

37. Jurisdiction of Special Magistrates. Subject to the provisions of section 48, a 
Special Magistrate shall try such offences, other than offences punishable with death, 
as the Local Government or an, officer empowered by the Local Government m this 
behalf may, by general or special order in writing, direct. 

38. Procedure of Special Magistrates. (1) In the trial of any case, a Special 
Magistrate shall follow the procedure laid down in sub-section (1) of section 33 for the 
trial of cases by a Special Judge. 

(2) In matters not coming within the scope of sub-section (1), the provisions of 
the Code, so far as they are not inconsistent with this Ordinance, shall apply to the 
proceedings of a Special Magistrate; and for the purposes of the said provisions the 
Special Magistrate; shall be deemed to be a Magistrate of the first class. 

39. Sentences by Special Magistrates A Special Magistrate may pass any sentence 
authorised by law, except a sentence of death or of transportation or imprisonment 
exceeding seven years. 

40. Appeals. (1) Where a Special Magistrate passes a sentence of transportation 
or imprisonment for a term exceeding one year, or of fine exceeding 1 one thousand rupees, 
an appeal shall lie, where the case was tried in a presidency-town, to the- High Court, 
and where the case was tried outside the presidency town, to the Court of Session, unless 
the Special Magistrate passes a sentence of transportation exceeding one year or a 
sentence of imprisonment exceeding four years, in which case the appeal shall lie to the 
High Court. 



7$ THE INDIAN RECORDER. 

(2) An appeal under sub-section (1) shall be presented within seven days from 
the date of the sentence. 

41. Distribution of cases. If any question arises whether, under any order made 
under section 32 or section 37 an offence is triable by a Special Judge or a Special 
Magistrate, the question shall be referred for decision to the local Government, and its 
decision shall be final. 

42. Summary Courts. The Local Government may, by general or special order in 
writing empower any Magistrate appointed under the provisions of the Code to exercise 
the powers of a Summary Court in any area specified in the order. 

43. Jurisdiction of Summary Courts. (1) Subject to the provisions of section 48, 
a Summary Court shall have power to try such offences as the District Magistrate may, 
by general or special order, direct: 

Provided that no person shall be tried by a Summary Court for an offence not 
specified in sub-section (1) of section 260 of the Code which is punishable with imprison- 
ment for a term exceeding two years; 

(2) The District Magistrate may, by general or special order, give directions as to 
the distribution among the Summary Courts in his district of cases triable by them 
under sub-section (1). 

44. Procedure of Summary Courts. In the trial of any case a Summary Court 
shall, as far as possible, follow the procedure laid down in the Code for the trial of 
warrant cases, and shall have all the powers conferred by the Code on a Magistrate: 

Provided that the Court shall not be required to record more than a memorandum 
of the evidence or to frame a formal charge: 

Provided further that in the trial of any offence punishable with imprisonment for 
a term not exceeding one year, the Court may follow the procedure for the summary 
trial of cases 1 in which an appeal lies as laid down in Chapter XXII ,of the Code. 

45. Sentences by Summary Courts. Summary Courts may pass any sentence' which 
may be passed by a Magistrate of the first class. \ 

46. Appeals. (1) If a Summary Court, in a case tried according to the procedure 
for the trial of warrant cases, passes a sentence of imprisonment for a term exceeding 
three months or a fine exceeding two hundred rupees, or, in a case tried by summary 
procedure, passes a sentence of imprisonment for a term exceeding one month or a fine 
exceeding fifty rupees, an appeal shall lie to the Special Judge appointed for the area 
in which the offence was committed, or, if no Special Judge has been so appointed, to 
the High Court or to the Court of Session according: as the offence was tried in a 
Presidency-town or was tried outside the Presidency-towns. 

(2) An appeal under sub-section (1) shall be presented within seven days from the 
date of the sentence. 

(3) In disposing of an appeal under this section, a Special Judge shall follow the 
same procedure and have the same powers as an Appellate Court' follows and has under 
the Code. 

47. Procedure when Summary Court considers case triable by another Court. (1) 
If a Summary Court is of opinion that the offence disclosed is one which it is not 
empowered to try, it shall send the case, for trial tq the Special Judge or Special Magis- 
trate empowered to try the case under this Ordinance or, if no such Court has been so 
empowered, to an ordinary criminal court having jurisdiction. 

(2) If a Summary Court is of opinion that an offence which it is empowered to 
try should be tried by a Court of superior jurisdiction or that it requires a punishment 
in excess of that which the Summary Court is empowered to inflict, it shall stay proceed- 
ings and report the case to the District Magistrate who may (a) d rect that the case 
shall be tried by a Summary Court, or (b) send it to a Court constituted under this 
Ordinance having jurisdiction, or to an ordinary criminal court having jurisdiction, or 
(c) report it for the orders of the Local Government. 

48. Limitation of jurisdiction of Special Courts. (1) No Court constituted under this 
Ordinance shall try any offence unless it is an offence punishable under this Ordinance 
or was committed in furtherance of a*- movement prejudicial to the publ'c safety or peace. 

(2) The question whether or not an offence tried by a Court constituted under this 
Ordinance is of the nature described in sub-section (I) shall not be raised in any Court 
other than the Court trying the offence, and where such question is so raised then, if 
the Court is that of a Special Judge, the question shall be, referred to the Local Govern- 
ment, and if the Court is that of a Special Magistrate or is a, Summary Court, the ques- 
tion shall be referred to the District Magistrate, and the decision of the Local Govern- 
ment or the District Magistrate shall be final. 

49. Powers of Special Courts to deal with refractory accused. (1) Where any 
accused, in a trial before a Court constituted under this Ordinance has, by his voluntary 
act, rendered himself incapable of appearing before the Court, or resists his production 
before it, or behaves before it in a persistently disorderly manner, the Court may, at any 
stage of the trial, by order in writing made after such inquiry as it may think fit, dis- 



ORDINANCES t N OPERATION. 

pcnse with the attendance of such accused for such period as it may think fit, and proceed 
with the trial in his absence. 

(2) Where a plea is required in answer to a charge from an accused whose attendance 
has been dispensed with under sub-section (1), buch accused shall be deemed not to 
plead guilty, 

(3) An order under sub-section (1) dispensing with the attendance of an accused 
shall not affect his right of being represented by a pleader at any stage of the trial, or 
of being present in person if he has become capable of appearing, or appears in Court 
and undertakes to behave in an orderly manner. 

(4) Notwithstanding anything contained in the Code, no finding, sentence or order 
passed in a trial before a Court constituted under this Ordinance shall be held to be 
illegal by reason of any omission or irregularity whatsoever arising from the absence of 
any or all of the accused whose attendance has been dispensed with under sub-section (1). 

50. Special rule of evidence. Notwithstanding anything contained in the Indian Evi- 
dence Act, 1872, when the statement of any person lias been recorded by any Magistrate, 
such statement may be admitted in evidence in any trial before a Court constituted under 
this Ordinance if such person is dead or cannot,be found or is incapable of giving evidence, 
and tha Court is of opinion that such death, disappearance or incapacity has been caused 
in the interests of the accused. 

51. Legal practitioners. A Court constituted under this Ordinance shall not be re- 
quired to grant an adjournment for the purpose of securing the attendance of a legal prac- 
titioner if, in the? opinion of the Court, such adjournment would cause unreasonable delay 
in the disposal of the case. 

52. Extension of, interference of other Courts. Notwithstanding the provisions of the 
Code, or of any other law for the time being in force or of anything having the force 
of law whatsoever authority made or done, there shall, save as provided by this Ordinance, 
be no appeal from any order or sentence of a C ourt constituted under this Ordinance 
and. save as aforesaid, no Court shall have authority to revise such order or sentence, 
or to transfer any case from any such C ourt or to make any order under section 491 of 
the Code or have any jurisdiction of any kind in respect of any proceedings of any such 
Court 

53. Application of ordinary law. The provisions of the Code and of any other law 
for the time being in force, in so far as they may be applicable and in so far as they 
are not inconsistent with the provisions of this Ordinance shall apply to all matters con- 
nected with, arising from or consequent upon a trial by special criminal courts consti- 
tuted under this Ordinance. 

CHAPTER V. 
REFUSAL OF THE PAYMENT OF CERTAIN LIABILITIES 

54. Power to declare notified areas and notified liabilities. (1) The Local Government 
may, by notification in the local official Gazette, declare that any part of the province 
or the whole province shall be a notified area for the purpose of this Chapter. 

(2) Such Local Government may further, by the same or by subsequent notification, 
declare that in such notified area land-revenue or any sum recoverable as arrears of land- 
revenue, or any tax, rate, ce^s or other due or amount payable to Government or to any 
local authority, or rent of agricultural land, or anything recoverable as arrears of or along 
with such rent of agricultural land, or anything recoverable as arrears of or along with 
such rent, shall be a notified liability. 

55. Punishment for unlawful instigation to the non-payment of notified liability. 
Whoever by words, either spoken or written, or by signs, or by visible representations, or 
otherwise, instigates, expressly or by implication, any person or class of persons not 
to pay or to defer payment of any notified liability, and whoever docs any act, with intent 
or knowing it to be likely that any words, signs or visible representations containing 
such instigation shall thereby be communicated directly or indirectly to any person or 
class of persons, in any manner whatsoever, shall be punishable with imprisonment which 
may extend to six months, or with fine, or with both. 

56. Special rule of procedure. No Court shall take cognisance of any offence punish- 
able under this Chapter except upon a report in writing of facts which constitute such 
offence made by a police officer not below the rank of sub-inspector. 

57. Power to collect an arrear of a notified liability as an arrear of land-revenue. 
(1) Any person to whom an arrear of a notified liability is due may apply in writing 1 
to the Collector to realise it, and the Collector may, after satisfying himself that the 
amount claimed is due, proceed to recover it as an arrear of land-revenue in accordance 
with the law applicable to the recovery of arrears of land-revenue in the area concerned. 

(2) Nothing in this section shall prevent any person to whom an arrear of a notified 
liability is due from recovering it in accordance with the law applicable to the recovery 
of such arrear. 



80 THE INDIAN ft. E C O R D E R. 

(3) Any person from whom an amount has been recovered under this section in excess 
of the amount due from him may recover such excess in accordance with law from the 
person on whose behalf the Collector has realised it. 

CHAPTER VI 
ASSOCIATIONS DANGEROUS TO THE PUBLIC PEACE 

58. Definitions. In this Chapter, unless there is anything repugnant in the subject 
or context, (a) " notified place " means a place notified under sub-section (1) of Section 
59; (b) "place" includes also a house, building, tent and vessel; and (c): "unlawful asso- 
ciation " means an unlawful association within the meaning of Section 15 of the Indian 
Criminal Law Amendment Act, 1908, and includes an association which has been declared 
to be unlawful by the Governor-General in Council under the powers conferred by 
section 64. 

59. Power to notify and take possession of places used for the purposes of an 
unlawful association. (1) The Local Government may, by notification in the local official 
Gazette, notify any place which in its opinion is used for the purposes of an unlawful 
association. 

(2) The District Magistrate, or any officer authorised in this behalf in writing by 
the District Magistrate, may thereupon take possession of the notified place and evict 
therefrom any person found therein, and shall forthwith make a report of the taking 
of posesssion to the Local Government. 

(3) A notified place whereof possession is taken under sub-section (2) shall be 
deemed to remain in the possession of Government so long as the notification under 
sub-section (1) in respect thereof remain in force. 

60. Movable property found in a notified place. (1) The District Magistrate or 
officer taking possession of a notified place shall also take possession of all movable 
property found therein and shall make a list thereof and submit it, with a report of 
the taking of possession of such movable property to the Local Government. 

(2) If, in the opinion of the Local Government, any articles specified in the list 
are or may be used for the purposes, of the unlawful association, the Local Government 
may, by order in writing, declare such articles to be forfeited to His Majesty, and may 
give such directions for the disposal thereof as it may think fit. 

(3) Any articles specified in the list which are not so forfeited may be delivered 
by the District Magistrate to any person whom he considers to be entitled to possession 
thereof, or may be retained in the possession of Government and used in such manner 
as the District Magistrate may direct. 

61. Trespass upon notified places. Any person who enters or remains upon a notified 
place without the permission of the District Magistrate, or of an officer authorised by 
him in this behalf, shall be deemed to commit criminal trespass, and, notwithstanding 
anything contained in the Code any such offence of criminal trespass shall be cognisable 
and non-bailable. 

62. The rclinquishmcnt of property. Before this Ordinance ceases to have effect, or 
before a notification under sub-section (1) of section 59 is cancelled, the Local Government 
shall give such general or special directions as it may deem requisite 1 regulating the relin- 
quishment by Government of possession of notified places and of movable property found 
thereon whereof possession has been retained under sub-section (3) of section 60. 

63. Power to forfeit funds of an unlawful association. (1) Where the Local Govern- 
ment is satisfied, after such inquiry as it may think fit, that any monies, securities or 
credits are being used or are intended to be used for the purposes of an unlawful asso- 
ciation, the Local Government may, by order in writing, declare such monies, stcurities 
or credits to be forfeited to His Majesty. 

(2) A copy of an order under sub-section (1) may be served on the person having 
custody of the monies, securities or credits, and on the service of such copy such person 
shall pay or deliver the monies, securities or credits to the order of the Local Government : 
Provided that, in the case of monies or securities, a copy of the order may be endorsed 
for execution to such officer as the Local Government may select and such officer shall 
have power to enter upon and search for such monies and securities in any premises 
where they may reasonably be suspected to be and to seize the same. 

(3) Where the Local Government has reason to believe that any person has custody 
of any monies, securities or credits which are being used or are intended to be used 
for the purposes of an unlawful association, the Local Government may, by order in writ- 
ing, prohibit such person from paying, delivering, transferring or otherwise dealing in 
any manner whatsoever with the same, save in accordance with the written orders of the 
Local Government. A copy of such order shall be served upon the person to whom it is 
directed. 

(4) The Local Government may endorse a copy of an order under sub-section (3) for 
investigation to any officer it may select, and such copy shall be warrant whereunder 
such officer may enter upon any premises of the person to whom the order is directed, 



ORDINANCES 'IN OPERATION. *i 

examine the books of such person, search for monies and securities, and make inquiries 
from such person, or any officer, agent or servant of such person, touching the origin 
of and dealings in any monies, securities or credits which the investigating officer mav 
suspect are being used or are intended to be used for the purposes of an unlawful associa- 
tion. 

(5) A copy of an order under this section may be served in the manner provided in 
the Code for the service of a summons, or, where the person to be served is a corporation, 
company, bank or association of persons, it may be served on any secretary, director or 
other officer or person concerned with the management thereof, or by leaving it or sending 
it by post addressed to the corporation, company, bank or association at its registered 
office, or, where there is no registered office, at the place where it carries on business 

(6) Where an order of forfeiture is made under sub-section (1) in respect of any 
monies, securities or credits in respect of which a prohibitory order has been made under 
sub-section (3), such order of forfeiture shall have effect from the dale of the prohibitory 
order, and the person to whom the prohibitory order was directed shall pay or deliver 
the whole of the monies, securities, or credits forfeited, to the order of the Local Govern- 
ment. 

(7) Where any person liable under this section to pay or deliver any monies, securi- 
ties, or credits to the order of the Local Government refuses or fails to comply with any 
direction of the Local Government in this behalf, the Local Government may recover from 
such person, as arrears of land-revenue or as a fine, the amount of such monies or credits 
or the market value of such securities. 

(8) In this section, "security" means a document whereby any person acknowledges 
that he is under a legal liability to pay money, or whereunder any person obtains a legal 
right to the payment of money; and the market value of any security means the value 
as fixed by any officer or person deputed by the Local Government in this behalf. 

64. Power of Governor-Gencral-in-Council to declare associations to be unlawful.- 
(1) If the Governor-General-in-Council is of opinion that any association interferes with 
the administration of law and order or that it constitutes a danger to the public peace, 
he may, by notification in the " Gazette of India ", declare such association to be unlawful. 

(2) An association in respect of which such declaration has been made shall bo an 
unlawful association for the purposes of the Indian Criminal Law Amendment Act, 1908, 
throughout the whole of British India. 

65. Effect of reports and declarations. Every report of the taking possession of pro- 
perty and every declaration of forfeiture made or purporting to be made under this 
chapter, shall, as against all persons, be conclusive proof that the property specified 
therein has been taken possession of by Government or has been forfeited, as the case 
may be. 

CHAPTER VII 
SPECIAL PROVISIONS AGAINST CERTAIN FORMS OF INTIMIDATION 

66. Definition of " molestation ".For the purposes of this Chapter, a person is said 
to molest another person who, (a) with a view to cause such other person to abstain 
from doing or to do any act which such other person has a right to do or to abstain from 
doing, obstructs or uses violence to or intimidates such other person or anyone in whom 
such person is interested, or loiters, at or near a house where such person or anyone in 
whom such person is interested resides or works or carries on business or happens to be, 
or persistently follows him from place to place, or interferes with any property owned or 
used by him or deprives him of or hinders him in the use thereof, or (b) loiters at or near 
the place where such other person carries on business, in such a way or with intent that 
any person may thereby be deterred from entering or approaching or dealing at such 
place, or does any other act at or near such place which may have a like effect. 

67. Punishment for molestation. Whoever molests or abets the molestation of any 
person shall be punishable with imprisonment which may extend to six months, or with 
fine, or with both. 

68. Special rule of procedure. No Court shall take cognisance of any offence punish- 
able under Section 67 except upon a report in writing of facts, which constitute such 
offence, made by a police officer 

69. For the purposes of this Chapter (a) a person is said to " boycott another 
person who refuses to deal or do business with or to supply goods to, or to let a house 
or land to, or to render any customary service to such person or any person in whom 
such person is interested, or refuses to do so on the terms on which such things would 
bei done in the ordinary course, or abstains from such professional or business relations 
as he would ordinarily maintain with such person; and (b) a "public servant" includes 
a public servant as defined in section 21 of the Indian Penal Code, and a servant of a 
local authority, and a person belonging to any class of persons which the Local Govern- 
ment may, by notification in the local official Gazette, declare to be public servants for 
the purpose- ~ "~ : ~ r. 

11 



70. Punishment for boycotting of a public servant, Whoever boycotts or abets the 
boycotting of a public servant, or threatens a public servant with boycotting, shall be 
punishable with imprisonment which may extend to six months, or with fine, or with 
both: Provided that no person shall be convicted under this section if the Court is satis- 
fied that his acts were not intended to prejudice the public servant boycotted, or proposed 
or threatened to be boycotted, in the discharge of the duties of his office or to cause 
such public servant to terminate or withhold his services in the discharge of such duties 
or to commit a breach of discipline. 

71. Special rules of procedure. (1) An offence punishable under section 70 shall be 
non-cognisable and bailable, and, notwithstanding anything contained in the Second Sche- 
dule to the Code, a case relating to such an offence shall, for the purposes of section 204 
of the Code, be deemed to be one in which a warrant should issue in the first instance. 

(2) Where information is given to the officer in charge of a police station of the 
commission within the limits of such station of an offence punishable under section 70, 
he shall deal with it in the manner provided in section 154 of the Code, and he shall 
investigate the case as if he had received an order to that effect from a competent 
Magistrate. 

72. Punishment for participating in a mock funeral ceremony. Whoever with intent 
to annoy any person, or with the'* knowledge that annoyance is likely to be caused to any 
person, performs or takes part tn or abets the performance of any mock ceremony re- 
sembling any ceremony associated with or consequent upon death shall be punishable 
with imprisonment which may extend to six months, or with fine, or with both. 

73. Jurisdiction. No Court other than a Court of a Presidency Magistrate or Magis- 
trate of the first class or of a Special Judge or Special Magistrate constituted under this 
Ordinance shall take cognisance of or try any offence under this Chapter. 

CHAPTER VIII 
SUPPLEMENTAL 

74. Offences under the Ordinance to be cognisable and non-bailable. Notwithstand- 
ing anything contained in the Code, any offence punishable under this Ordinance shall, 
save as otherwise specially provided in this Ordinance, be cognisable and non-bailable. 

75. All offences under Act XIV of 1908 to be cognisable and non-bailable. Notwith- 
standing anything contained in the Code, all offences punishable under sub-section (1) 
of section 17 of the Indian Criminal Law Amendment Act, 1908, shall be cognisable and 
non-bailable. 

76. Certain other offences to be cognisable and non-bailable. (1) The Local Govern- 
ment may, by notification in the local official Gazette, declare that any offence, punishable 
under Section 160, 186, 187, 188, 189, 190, 227, 228, 295-A, 298, 505, 506, 507 or 508 of the 
Indian Penal Code, when committed in any area, specified in the notification, shall, not- 
withstanding anything contained in the Code, be cognisable and non-bailable, and there- 
upon the Code shall, while such notification remains in force, be deemed to be amended 
accoidingly. 

(2) Notwithstanding anything contained in section 195 or section 196 of the Code, in 
any area in which a notification under sub-section (1) in respect of section 186, 187, 188, 
228, 295-A or 505 of the Indian Penal Code is in force, any Court otherwise competent to 
take cognisance of such offence may take cognisance of such offence upon a report in 
writing of facts constituting such offence made by any police officer, but shall not pro- 
ceed with the trial unless it has received a complaint in respect of such offence under 
section 195 or section 196, as the case may be, and the absence of such complaint shall be 
reasonable cause, within the meaning of section 344 of the Code, for postponing the 
commencement of the trial and for remanding the accused. 

77. Temporary amendment of section 4, Act XXIII of 1931. So long as; this Ordinance 
remains in force, in sub-section (1) of section 4 of the Indian Press (Emergency Powers) 
Act, 1931, after clause (b), the following words and clauses shall be deemed to be inserted, 
namely: "or which tend directly or indirectly, (c) to seduce any officer, soldier, sailor 
or airman in the military, naval or air forces of His Majesty or any police officer from 
his allegiance or his duty, or (d) to bring into hatred or contempt His Majesty or the 
Government established by law in British India or the administration of justice in British 
India or any Indian Prince or Chief under the suzerainty of His Majesty, or any class 
or section of His Majesty's subjects in British India or to excite disaffection towards 
His Majesty or the said Government or any such Prince or Chief, or (e) to put any 
person in fear or to cause annoyance to him and thereby induce him to deliver to any 
person any property or valuable security, or to do any act which he is not legally bound 
to do, or to omit to do any act which he is legally entitled to do, or (f) to encourage 
or incite any person to interfere with the administration of the law or with the main- 
tenance of law and order, or to commit any offence, or to refuse or defer payment of 
any land-revenue, tax, rate-cess or other due or amount payable to Government or to 
any local authority, or anything recoverable as arrears of or along with such rent, or (g) 



ORDINANCES IN OPERATION. 63 

to induce a public servant or a servant of a, local authority to do any act or to forbear 
or delay to do any act connected with the exercise of his public functions or to resign 
his office, or (h) to promote feelings of enmity or hatred between different classes of 
flis Majesty's subjects, or (i) to prejudice the recruiting of persons to serve in any of 
His Majesty's forces, or in any police force, or to prejudice the training, discipline or 
administration of any such force," and the provisions of that Act shall apply accordingly. 

78. Jurisdiction barred. Except as provided in this Ordinance, no proceeding or order 
purporting to be taken or made under this Ordinance shall be called in question by any 
Court, and no civil or criminal; proceeding 1 shall be instituted against, any person for any- 
thing done or in good faith intended to be done under this Ordinance or against any 
person for any loss or damage caused to or in respect of any property whereof possession 
has been taken under this Ordinance. 

79. Operation of other penal laws not barred. Nothing contained in this Ordinance 
shall be deemed to prevent any person from being prosecuted under any other law for 
any act or omission which constitutes an offence punishable under this Ordinance 

80. Savings in respect uf certain Ordinances. (1) Anything done in pursuance of any 
provision of the Emergency Powers Ordinance, 1932, the Unlawful Instigation Ordinance, 
1932, the Unlawful Association Ordinance, 1932, or the Prevention of Molestation and 
Boycotting Ordinance, 1932, sha 1 !, where the corresponding provision of this Ordinance has 
come into force before the 4th day of July, 1932 be deemed on the expiry of the said 
Ordinances to have been done in pursuance of ^the corresponding provision of this Ordi- 
nance, and, shall have effect, and the provisions uf this Ordinance shall have effect, accord* 



(2) Without prejudice to the generality of the foregoing provision it is hereby ex- 
pressly provided that (a) this Ordinance shall operate to confer a right of appeal in 
all cases where an appeal would have lain under any provision of any of the Ordinances 
specified in sub-section (1) and every appeal pending at the time of the expiry of the said 
Ordinances, and, subject to the provisions of this Ordinance relating to, the presentation 
of appeals, every appeal made in pursuance of this sub-section shall be heard and 
decided in accordance with the provisions of this Ordinance; (b) this Ordinance shall 
operate to confer a power to prosecute any person for any offence committed against 
any provision of any of the Ordinances specified in sub-section (1) and such offence shall 
be deemed to be an offence committed against the corresponding provision of this 
Ordinance ; this Ordinance shall operate to confer a power to continue and complete any 
trial or proceeding under any provision of any of the Ordinances specified in sub-section 
(1) which was pending at the time of the expiry of the said Ordinances, as if such trial 
or proceedings were a trial or proceeding begun under the corresponding provision of 
this Ordinance. 

BENGAL NOTIFICATION ON THE ORDINANCE 

An issue of the Calcutta Gazette Extraordinary, issued on June 30, 1932 
published a memorandum on the Special Powers Ordinance, 1932 as applicable 
in the Presidency of Bengal. The notification stated : 

Whereas the Governor-General-in-Conncil in exercise of the power conferred by sub- 
section (2) of section 1 of the Special Powers Ordinance, 1932, has extended to the 
Presidency of Bengal all the provisions of the said Ordinance other than Chapter V and 
those provisions already extended to the said Presidency. 

Now therefore in exercise of the power conferred by sub- section (3) of section 1 of 
the said Ordinance, the Governor in Council 1 is pleased to direct that all the provisions of 
the said Ordinance, other than sections 64, 74, 75, 76, 77, 78, 79 and 80 which arc already 
in force and Chapter V, shall come into force in the said Presidency except in the districts 
of Bogra, Malda, Darjeeling, Murshidabad, Khulna, Burdwan, Birbhum, Faridpur, Mymen- 
singh/Noakhali and the Hill Tracts of Chittagong, on the ,30th of June 1932. 

POWERS FOR OFFICERS. 

In exercise of the power conferred by sub-section (1) of section 22 of the Special 
Powers Ordinance, 1932, the Governor-in-Council is pleased, to empower the officers men- 
tioned below to exercise all the powers of the Local Government specified in sub-section 
(1) of section 4 of the said Ordinance witli the area mentioned against each officer 

The town of Calcutta, as defined in the Calcutta Police Act, 1866, together with the 
suburbs of Calcutta as defined by notification under section 1 of the Calcutta Suburban 
Police Act, 1866 The Commissioner of Police, Calcutta. 

Each district of Bengal excluding the suburbs of Calcutta The District Magistrate of 
the, district. 

POWERS TO OFFICERS TO MAKE ARREST 

In exercise of the power conferred by sub-section (1) of section 3 of the Special 
Powers Ordinance, 1932, the Governor-in-Council is pleased to authorise the following 
officers to make and direct arrests under the said sub-section, namely: 



$4 THE INDIAN RECORDER. 

(1) AH Magistrates. 

(2) AH civil police officers not below the rank of a Sub-Inspector or Sergeant. 

OFFICERS TO KEEP ARRESTED PERSONS IN CUSTODY 
In exercise of the power conferred by sub-section (1) of section 3 1 of the Special 
Powers Ordinance, 1932, the Governor-in-Council is pleased to authorise the following 
officers of the district of Chittagong to make and direct arrests under the sub-section, 
namely : 

(1) all commissioned military officers; 

(2) all police officers not below the rank of an Assistant Sub-Inspector or head 
constable or, in the case of 1 tho Eastern Frontier Rifles 1 and the Assam Rifles, of a lance- 
naik,, and 

(3) all military non-commissioned officers. 

In pursuance of the provisions of sub-section (2) of section 3 of the Special Powers 
Ordinance, 1932, the Governor-in-Council is pleased to make the following general order 
specifying the custody to which persons arrested under the said section shall be com- 
mitted, namely: . 

Persons arrested under the said section in the town of Calcutta as defined in the 
Calcutta Police Act, 1866, or in the suburbs of Calcutta as defined by notification under 
section 1 of the Calcutta Suburban Po'ice Act, 1806, shall be committed to the custody 
of the Superintendent of the Presidency Jail or of the Superintendent of the Alipore 
Central Jail. 

Persons arrested under the said section in any district (excluding the suburbs of 
Calcutta) shall be committed to the custody of the Superintendent of the District Jail. 

In pursuance of the provisions of sub-section (2) of section 3 of the Special Powers 
Ordinance, 1932, the Governor-in-Council is pleased by general order to specify as the 
custody to which persons arrested under the said section shall be committed. 

The custody of the Superintendent of the pum Duin Special Jail and the Dum T>um 
Additional Special Jail In Calcutta and the district of 24 Parganas. 

OFFICERS EMPOWERED TO REQUIRE THE ASSISTANCE OF 
CERTAIN PERSONS 

In pursuance of the provisions of section 10 of the Special Powers Ordinance, 1932, 
the Governor-in-Council is pleased to authorise the officers specified below to exercise 
the powers conferred by the said section of the said Ordinance in the area mentioned 
against each officer 

The town of Calcutta, as defined in the Calcutta Police Act, 1866, together with the 
suburbs of Calcutta as defined by notification under section 1 of the Calcutta Suburban 
Police Act, 1866 (1) The Commissioner of Police and (2) all Deputy Commissioners 
of Police. 

Each district of Bengal, excluding the, suburbs of Calcutta (1) The District Magistrate 
of the district concerned and (2) the Superintendent of Police of the district concerned. 
DELEGATION OF POWERS OF LOCAL GOVERNMENT 

In exercise of the powers conferred by sub-section (1) of section 22 of the Special 
Powers Ordinance, 1932, the Governor in Council is pleased to empower the following 
officers to exercise all the powers of the Local Government specified in section 5 of 
the said Ordinance outside the limits of the town of Calcutta as defined by notification 
under section 1 of the Calcutta Suburban Police Act, 1866, namely 

(1) All District Magistrates within the districts of which they are respectively in 
charge. 

(2) All police officers not below the rank of a Deputy Superintendent or, in the 
case of the Eastern Frontier Rifles and Assam Rifles, of an Assistant Commandant. 

BENGAL EMERGENCY POWERS ORDINANCE, 1932 

Bengal Emergency Powers Ordinance to suppress the terrorist move- 
ment was issued in November 1931. As this was due to lapse on May 29, 
1932, cv new ordinance (styled Bengal Emergency Powers Ordinance,, 1932) 
was promulgated on May 28, 1932. Its provisions are in some respects 
different from the Ordinance it replaces. The New Ordinance contains seven 
sections as against 41 in the Bengal Emergency Powers Ordinance issued in 
November, 1931. This is largely due to the fact that various powers includ- 
ed in the latter Ordinance were later enacted in the General Emergency 
Powers Ordinance which had been then in force. 

The Ordinance issued, however, does away with the Special Tribunal 
pf three High Court Judges provided in the old Ordinance and gives alter- 



ORDINANCES IN OPERATION. 83 

native procedure. The Ordinance renews the Local Government's power to 
make rules and to delegate powers to military officers, but these two sections 
are applicable only to the Chittagong district and cannot be extended to any 
other district without notification by the Government of India. 

Following is the text of the Ordinance: 

TEXT OF THE ORDINANCE 

Whereas an emergency has arisen which makes itf necessary to confer certain special 
powers on the Government of Bengal for the purpose of suppressing the terrorist 
movement and to provide for the trial of certain, offences, the hearing of certain appeals 
and the procedure in certain courts in connection with the offences arising out of the 
terrorist movement, now therefore, in exercise of the 1 power conferred by section 72 of 
the Government of India Act, the Governor-General is pleased to make and promulgate 
the following Ordinance. 

(1) This Ordinance may be called the Bengal Emergency Powers Ordinance, 1932; 
(2) it extends to the whole of Bengal but sections 2 and 3 shall apply only to the district 
of Chittagong unless the Governor-General-in-Council by notification in the Gazette 
of India makes a declaration applying either or both of these sections to any other 
area. 

2. O) The Local Government subiect to the control of the Governor-General-in 
Council may by notification in the local Official Gazette make rules (a) to prevent 
communication with absconders and to secure information of the movement of abs- 
conders, (b) to prevent attacks on the person and property of His Majesty's subjects 
or to secure information of such attacks and of designs to make such attacks, (c) to 
secure the safety of His Majesty's forces and police, (d) to provide for the custody, 
pending production before a court, of prisoners taken in circumstances in which the 
provisions of the Code of Criminal Procedure, 1898, cannot be followed without undue 
inconvenience. 

(2) In making a rule under this section the Local Government may provide that 
any contravention, therefore, shall be punishable with imprisonment which may extend 
to six months, or with fine, or with both. 

POWERS FOR MILITARY OFFICERS 

3. (1) The Local Government may invest any Military Officer not below the rank 
of Captain with any of the powers of a District Magistrate under section 6, 7 10 or 11 
of the Emergency Powers Ordinance, 1932. 

(2) Where the Local Government has invested the District Magistrate with the 
powers of a Local Government under section 5 or section 9 of the Emergency Powers 
Ordinance, 1932, the District Magistrate may subject in case of delegation the powers 
under section 5 to the control of the Local Government, delegate the powerb so vested 
in him to any Military Officer not below the rank of Captain. 

(3) The District Magistrate may, by order in writing, authorise any Military officer 
to exercise any of the powers of the District Magistrate under section 6, 7, 10 1 or 11 
of the Emergency Powers Ordinance, 1932 in a specified area or in connection with a 
specified operation or series of operations. 

COMPLETION OF TRIAL 

4. (1) Where before the expiration of the Bengal Emergency Powers Ordinance 
1931 an order has been made thereunder for the trial of any person by a Special 
Magistrate but the trial has not begun or where at such expiration the trial of any 
person is, proceeding before a Special Magistrate but has not been completed, the offence 
may be tried or the trial may be completed, as the case may be, by such Special 
Magistrate and such Special Magistrate shall continue to have and to exercise, for the 
purpose of such trial, all the powers with which he was invested under the said 
Ordinance. 

RIGHT TO APPEAL. 

(2) Notwithstanding the expiration of the Bengal Emergency Powers Ordinance 
1931 an appeal shall lie, subject to the provisions therein contained relating to appeals 
from any sentence passed by a Special Magistrate under the Ordinance, within seven 
days prior to its expiration and from any sentence passed by a Special Magistrate trying 
an offence or completing a tnal under sub-section (1) and every such appeal and every 
appeal pending at the date of such expiration shall be heard and decided by the authority 
by which it would have been heard and decided if the said Ordinance had not expired, 
provided that the appellate jurisdiction exercisablc under the said Ordinance by a 
Special Tribunal shall be exercised, where the. sentence is passed by a Special Magistrate 
in the Presidency town of Calcutta, by the High' Court, and where the sentence is passed 
by a Special Magistrate in any district, by the Court Sessions. 



86 THE INDIAN RECORDER. 

POWERS TO EXERCISE HIGHEST PENALTY OF LAW 

5. Where in a trial by Commissioners appointed tinder the Bengal Criminal Law 
Amendment Act, 1925, any person is convicted of an offence punishable under the first 
paragraph of section 307 of the Indian Penal Code committed after the 30th November. 
1931. the Commissioners may pass on such person a sentence of death or of transportation 
for life. 

POWERS TO REFUSE PUBLIC ACCESS TO THE COURT 

6. (I) 1 In any trial by the Commissioners appointed under the Bengal Criminal Law 
Amendment Act, 1925, the Commissioners may, if they think fit, order at any stage of 
the trial that the public generally or any particular person shall not have access to, or 
be or remain, in the room or building used by the court 

(2) In any trial by a Special Judge or a Special Magistrate appointed under the 
Emergency Powers Ordinance 19321 of an offence specified in the schedule in regard 
to which the Local Government certifies that in the opinion of the Local Government 
there arc reasonable grounds for believing that such an offence has been committed 
in furtherance of or in connection with the terrorist movement, the Special Judge or 
Special Magistrate, as the case may be, may, if he thinks fit, order at any\ stage of the 
trial that the public generally or any particular person shall not have access to, or' bs 
or remain, in the room or building used by the court. 

(3) Where in the course of any trial referred to in sub-section (1) or sub-section, 
(2) the Advocate General certifies in writing to the court that it is expedient in the 
interest of the public peace or safety or of the peace or safety of any of the witnesses 
in the trial that the public generally should not have access to, or be or remain, in 
the room or building used by the court of Commissioners, the Special Judge or the Special 
Magistrate, as the case may be, shall order accordingly. 

POWERS TO DEAL WITH REFRACTORY ACCUSED 

7. (1) Where any accused, in a trial by Commissioners appointed under the Bengal 
Criminal Law Amendment Act 1925, has, by his voluntary act, rendered himself incapable 
of appearing before the court or resists his production before it or behaves before 
it in a persistently disorderly manner, the court may, at any stage -of the trial, by 
order in writing, made* after such inquiry as it may think fit, dispense with the attendance 
of such accused for such period as it may think fit and proceed with the trial in his 
absence. 

(2) Where a plea is required in answer to a charge from an accused whose attendance 
has been dispensed with under sub-section (1), such accused shall be deemed not to 
plead guilty. 

(3) An order under sub-section (1) dispensing with the attendance of an accused 
shall not affect his right of being represented by pleader at any stage of the trial or 
of being present in person if he has become capable of appearing or appears in court 
and undertakes to behave in an orderly manner. 

(4) Notwithstanding anything contained in the Code of the Criminal Procedure 
1898, no finding, sentence or order passed in a trial by Commissioner appointed under 
the Bengal Criminal Law Amendment Act, 1925 shall be held to be illegal by any court 
by reason of any omission or irregularity whatsoever arising from the absence of any 
or all of the accused whose attendance has been dispensed with under sub-section (1). 

THE SCHEDULE 

(a) Any offence punishable under any of the following sections of the Indian Penal 
Code, namely, sections 121, 121A, 122, 123, 148, 216, 302, 304, 326, 327, 329, 332, 333, 385, 386 
387, 392, 395, 396. 397, 398, 399, 400, 401, 402, 431, 435, 436, 437, 438, 440, 454, 455, 457, 
458, 459, 460 and 506. 

,(b) Any offence under the Explosive Substances Act 1908. 

(c) Any offence under the Indian Arms Act, 1878. 

(d) Any attempt or conspiracy to commit or any abetment of any of the above 
offences. 

BENGAL EMERGENCY POWERS RULES 

A Calcutta Gazette Extraordinary, dated June 10, notifies the rules made by 
the Governor-in-Council in exercise of the powers conferred upon htm by 
Section 2 of the Bengal Emergency Powers Ordinance. 1932. 

The rules require the public not to communicate, directly or indirectly, 
with absconders and terrorists, or assist them with money, arms, food, etc. 
The public are to communicate to the nearest Magistrate if in possession of 
any information about terrorists or absconders. The rules empower District, 
Magistrates to direct by an order in writing the inhabitants of any area 



ORDINANCES IN 00BRATION. $7 

specified in the order to remain within their houses between sunset and 
sunrise for a specified period. The members of the military and the police 
forces have been empowered to stop and search any person whom they 
suspect of carrying 1 arms or of carrying information intended for absconders 
or terrorists, or any material designed for any unlawful or improper use. 
The full text of the rules as amended follows : 

1. These rules may be called the Bengal Emergency Powers Rules\ 1932. 

2. In these rules, unless there is anything repugnant in the subject or context, (a) 
"military officer" means a commissioned military officer, (b) "police officer" means a 
police officer enlisted under the Police Act, 1861, and includes a police constable and 
any member of the Eastern Frontier Rifles or the Assam Rifles, (c) " terrorist " means 
a person who (i) is a member of an association of which the objects and methods include 
the commission of any scheduled offence, or the doing of any act with a view to* interfere 
by violence or threat of violence in the administration of justice, or (ii) has been or 
is being instigated or controlled by a member of any such association with a view to 
the commission or doing of any such offence or act, or (lii) has done or is doing! any 
act to assist the operations of any such association. 

3. (1) No person shall communicate, directly or indirectly, with an absconder or 
terrorist or supply him with food* water, arms, clothing or any other article or assist 
him in any way. (2) No person shall collect any money, valuables, or other articles for 
the purpose of assisting any absconder or terrorist. 

INFORMATION ABOUT ABSCONDERS 

4. (1) Any person who sees an absconder or terrorist or has any information of 
the movements or whereabouts of any absconder or terrorist or of any communication 
or means of communication with an absconder or terrorist shall forthwith give full 
information thereof to the nearest Magistrate, military officer or police officer. (2) Any 
person who is aware of the presence in his locality of any stranger shall forthwith 
report the fact to the nearest Magistrate, military officer, or police officer. 

5. Every person shall be found to supply, to the best of his ability, any information 
which any magistrate, military officer or police officer may require regarding the move- 
ments or whereabouts of absconders or terrorists. 

POWERS FOR POLICE AND MILITARY 

6. Every 1 military officer and every police officer, not below tho rank of an assistant 
sub-inspector or, in the case of Eastern Frontier Rifles and Assam Rifles, of a jamadar, 
shall have the power to intercept telegrams, telephone messages, letters, postcards and 
parcels whenever he considers it to be necessary for the purpose of preventing com- 
munication with absconders or terrorists, or for the purpose of securing the safety of 
the military and police forces. 

POWERS FO'R DISTRICT MAGISTRATE 

7. (1) The District Magistrate may, for the purpose of preventing the movements 
of and communication with absconders or terrorists, direct, by an order in writing, the 
inhabitants of any area specified in the order to remain within their houses between 
sunset and sunrise on the day or for the per ocl specified in the order. (2) Any person 
who contravenes an order made under sub-rule (1) shall be deemed to have commifteed 
an offence punishable under rule 19. 

8. (1) If in the opinion of the District Magistrate it is necessary for the preven- 
tion of interference with the measures taken for the suppression of the terrorist move- 
ment, he may, by an order in writing, prohibit any person 1 who does not ordinarily reside 
within an area of the district specified in the order from entering, or remaining in, the 
said area without a permit granted by an authority specified in the order, who may impose 
such conditions as he thinks fit. (2) An order made under sub-rule (1) shall be served 
on the person against whom it is made in the manner provided in section 134 of the 
Code of Criminal Procedure, 1898. (3) Any person who contravenes an order made or 
condition imposed under sub-rule (1) shall be deemed to have committed an offence puni- 
shable under rule 19. 

9. No unauthorised person shall wear the uniform or equipment of His Majesty's 
military or police forces, or similar clothing in any way resembling such uniform. 

SAFETY OF FORCES 

10. Every person shall forthwith communicate to the nearest magistrate, military 
officer, or police officer any information which he may obtain respecting any matter 
likely to affect the safety of the military or police forces. 

11. Every member of the military and police forces shall have the power to stop 
and search any person whom he may suspect of carrying arms, or of carrying 1 information 
intended for absconders or terrorists, or any material designed for any unlawful or 
improper use. 



68 THE INDIAN RECORDER* 

*11A. When any military offcer, gazetted police officer (above the rank of Inspector) 
or Magistrate of the first class, conducting the search of any place for absconders or 
terrorists, has reasonable grounds for believing that an attempt to approach and enter 
the place to be searched will endanger the lives of the search party, he may, after taking 
all reasonable precautions for the safety of innocent persons, use any and every means 
necessary to ensure the safety of himself and his men approaching and entering the 
place for the purpose of the search. 

UNLICENSED ARMS 

12. Any person who has any knowledge of the whereabouts of any unlicensed arms, 
ammunition, or explosives or of any tools, machinery, implements or other material of 
any kind likely to be used for the commission of an offence shall forthwith report the 
fact to the nearest magistrate, military officer or police officer. 

13. No person shall in any way impede or attempt to impede or incite any person 
to impede any member of the military or police forces. 

14. Any person knowing of any attempt or design to damage any military, police or 
public property shall forthwith report the matter to the nearest military or police officer. 

15. No person shall endeavour to elicit information regarding the military or police 
forces from any member of such forces or from any person m the employment of 
Government. 

BAN ON NEWSPAPERS 

16. (1) No person shall communicate any information regarding the military or police 
forces to any newspaper. (2) No newspaper shall] publish any information regarding the 
military or police forces. If any newspaper publishes any such information, the owner, 
publisher, editor and printer of such newspaper shall be held liable for such publication, 

17 (1) No person shall use any wirelesb transmitting or receiving set. (2) Any 
person possessing any apparatus designed for such purpose shall forthwith inform the 
nearest military or police officer and shall make over the apparatus to him at such time 
and place as he may appoint. 

18. Any person found in possession of any publication, leaflet or paper containing 
any incitement to murder or violence, or any matter in support, shall be deemed to have 
committed an offence under these rules. 

19. Any person who contravenes any of these rules shall be punishable with im- 
prisonment which may extend to six months, or with fine, or with both. 

ORDINANCE IX OF 1932 

The Ordinance IX of 1932 promulgated on June 30 is essentially the 
same as the Bengal Emergency Powers Ordinance, 1932. It is intended to 
substitute sections of the Emergency Powers Ordinance which expires on 
July 3 by the corresponding sections in the Special Powers Ordinance pro- 
mulgated on June 30. 

EXTENSION OF ORDINANCES TO N. W. F. P. 

The Governor-General-in-Council notified on June A the extension to the 
N.-W. F. Province of Sections 2 and 62 of the Emergency Powers Ordinance 
and Sections 2, 3, 4, 5, 6, 7, and 9 of the Unlawful Association Ordinance. The 
extension of these two Ordinances to the N. W. F. Province did not mean 
the application to that province of new powers. The provisions of the two 
Ordinances were also contained in Ordinances 13 and 15 of 1931 which had 
been in force in the Province since December 24 last. The result of the 
action taken was merely to place the Province in the same position as regards 
the dates as other provinces in which the two Ordinances were being 
extended. 



*This rule was subsequently inserted in exercise of the powers conferred by section 2 
oi the Bengal Emergency Powers Ordinance, 1932. 



POLITICS IN BENGAL 

FIRST UTTERANCES OF THE NEW GOVERNOR 

SIR JOHN ANDERSON, the new Governor of Bengal, was presented with 
welcome addresses by the Indian Association, British Indian Association,' 
Bengal Land Holders' Association, Central National Mahomedan Association, 
Mahomedan Literary Society, European Association, Anglo-Indian and 
Domiciled European Association, Indian Chamber of Commerce, Bengal 
National Chamber of Commerce, Marwari Association, Mahajan Sabha, 
etc., etc. Important extracts from the addresses and replies as explaining 
the Government policy on the various topics raised follow: 

INDIAN ASSOCIATION. 

The members of the Indian Association in their address drew attention 
to some of the pressing problems confronting, the Province. The address re- 
ferred to the complaint of the people that subjects of general welfare and pro- 
gress had not received the attention they deserved and that in matters of 
public health, education, communications and economic life there was con- 
derable neglect. The members called His Excellency's attention to a wide- 
spread feeling that the special measures promulgated had been applied in an 
unduly harsh manner. The address also urged for a closer study of the 
economic problems of the country and a financial adjustment with the 
Central Government over the Meston Award. 
The Reply 

In replying His Excellency said that the growth of public health, services 
and education, the improvement of means of communication and transport, 
the development of the natural resources of the country and other nation- 
building activities had not kept pace with the ideals of the more enlightened 
sections of the community, but he felt sure, however, that Ministers were 
striving to do all that was possible within the limits of the means available 
and that no effort would be spared in the development of a sound constructive 
policy. 

Dual Policy of the Government 

Explaining the dual character of the Government, His Excellency said 
that while it was necessary to take action under the specific threat of a 
general renewal of civil disobedience, the Government did not lose sight of 
the constructive side of their programme in the sphere both of political and 
of administrative development. He added: 

" In opposing a movement which, unchecked, would speedily bring life and property 
into jeopardy and render impossible any form, not merely of constitutional advance but 
even of that ordered adminibtration on the preservation of which commerce and the 
ordinary life of the people alike depend, Government are fighting the battle of all future 
governments in India, But while the administration must at all costs be carried on, and 
while we intend to take every step necessary to achieve this essential condition, I would 
assure you that Government invite and indeed earnestly seek the help of all who, wish to 
see orderly progress towards political advancement in India and the effective administra- 
tion of vital services. The way is open both m constitutional matters and in every 
day administration for constructive co-operation between Government on the one hand 
and men and women of good will on the other hand, whether acting as individuals or 
through unofficial organisations and agencies." 
Financial Reform 

Referring to the injustice of the financial settlement with the Central 
Government, Sir John Anderson stated, 

12 



90 THE INDIAN ft E C O R D B R. 

"The Hon'ble Finance Member only a few weeks ago attended a meeting of the 
Federal Finance Committee in New Delhi with a mandate both from the Government of 
Bengal and from the Legislative Council to press our case for a more liberal settlement 
under the, forthcoming reforms. I feel bound, however, to 1 observe that whatever may be 
the outcome of that investigation, we are not likely to be relieved of the necessity of 
developing and husbanding our resources with the utmost care for many years to come." 

BRITISH INDIAN ASSOCIATION 

The British Indian Association drew attention to the Zemindars' rights 
and stakes in the country and asked for the recognition of the ' just rights 
and privileges of the landed aristocracy of Bengal that had been granted 
to them under Permanent Settlement which acquired the sanctity of a time- 
honoured treaty/ The Association also craved for sympathetic relief to 
themselves and their tenantry in view of dire economic distress in the 
country. 

Permanent Settlement 

Regarding the policy of the Government on the Permanent Settlement 
Sir John Anderson said: 

"The view my Government take, and it is a view which has been endorsed as re- 
cently as last Christmas by His Excellency the Viceroy, is that so long) as land revenue 
remains a " reserved subject " and the Permanent Settlement is not proved to, be inimical 
to the best interests of the State, Government would not regard with approval any 
attempt to interfere with a statutory arrangement sanctioned by the lapse of years and 
inextricably bound up with economic conditions and judicial practice in Bengal." 
Special Representation in Legislature 

Anent the desire of the Association that the landlords should have a 
fair share of the administrative responsibilities of the country, His Excellency 
said : 

"The attitude of the Government of Bengal towards the retention of special re- 
presentation for the landlords has been, to say the least, sympathetic. Whether a request 
fort proportionately larger special representation than you already enjoy can be reconciled 
with the modern conception of a democratic franchise is hardly for me to say. I realise 
that there are factors in Indian conditions which may call, particularly at the outset, for 
a stronger representation of the more stable elements. but as regards special representa- 
tion itself >cm are at all events in the strong position of having enjoyed it continuously 
since the Reforms of 1909. In any case I should confidently hope that the weight which 
your views will carry in the counsels of the Province will never be measured solely by 
the numerical strength of your representation. 

Similarly as regards your desire that m the future constitution of this Province 
provision should be made for a second Chamber, it is impossible for me to say anything 
except that 1 fully realise that there are weighty reasons to be urged in favour of such a 
provision." 
Relief to Zemindars 

As regards help to the landlords, His Excellency assured, 
" Government are always ready to render such help as is reasonably possible- 
consistent with the necessity for realising the land revenue without which it would be 
impossible to carry on the administration and while, of course, individual cases must 
continue to be treated on their merits, my Government have no present intention, while 
existing conditions persist, of going back on the policy to which you have referred in 
terms of appreciation. I hope that, as far as may be possible, you will enable your 
tenants to share in such advantageous treatment as you yourselves receive. Government 
are mindful on their part of the difficulties of the tenants and they have tried, and will 
continue to try, to help them, in the areas affected, by the grant of agricultural loans and 
where necessary, of gratuitous relief." 

CENTRAL NATIONAL MAHOMEDAN ASSOCIATION 

The address on behalf of the Central National Mahomedan Association 
condemned the anarchical crimes and political murders and assured the 
Government that any measure to put down lawlessness would have their 
full support. In pressing for the Moslem demands, the address asserts : 

" While we, Moslems, aspire to- sec the fulfilment of the pledge of self-government 
as enunciated by His Majesty's Government, we desire to make it perfectly plain that 
Moslems adhere to the minimum demands formulated at the All- India Moslem Conference 



POLITICS IN BENGAL. t 

of Delhi in 1929 under the leadership of His Highness the Aga Khan and subsequently 
affirmed in 1931 by the said Conference, and that no constitution however otherwise perfect 
will be acceptable to us unless our just and legitimate rights and interest in respect of 
representation in the central and provincial legislatures, other public bodies and in th< 
public services on the basis of population and weightage where necessary, in consideration 
of the historic and political importance of our community are guaranteed in clear and 
definite terms in the Statute." 

The Association also urged for an early communal award and the 
adoption of the Minorities Pact arrived at in London. 
His Excellency's Reply 

In course of his reply His Excellency said: 

" I am aware that terrorism and civil disobedience alike are regarded with abhor- 
rence by the great mass of your co-religionists and I recognise the spirit of loyalty which 
has animated your community in the recent as well as in the more remote past." 

Educational Facilities 

Anent the community's falling in the struggle for western education 
and for employment in the services of Government His Excellency said: 

" I notice that His Excellency the Viceroy, when you raised the same point in an 
address to him recently, po ; ntcd out that it will not do to put all the blame on the 
" resumption " proceedings of 1828 and subsequent years. While I will certainly look 
into the matter from what I may term the historical poinf of view taken in your address, 
I suggest that it will really be more profitable for us to turn our eyes 1 to the future rather 
than to the past to see what we can do to remedy a state of affairs which was certainly 
come into existence, be the causes what they may. Progress may at times seem to the 
members of your community to be slow, but I am assured that progress js being made, 
both in the matter of improved educational facilities for the masses (which will benefit 
your community especially because they have more leeway to make up) and in the matter 
of securing for you a more equitable representation in the administration of the I'ro- 
vince." 
Minimum Demand 

Regarding the minimum demands, he continued: 

" Here again you will hardly expect me to venture in public on an opinion, on a 
matter which is now before His Majesty's Government in London." 

MAHOMEDAN LITERARY SOCIETY 

To the Mahomedan Literary Society His Excellency, the Governor of 
Bengal, on April 14 in course of his reply said : 

Representation, in the University 

"You express dissatisfaction at the rate of advance of Muslim education under the 
aegis of the University of Calcutta and you ask that provision should be made for ade- 
quate representation of your community in the various departments of the University, 
You will not expect me, I am sure, after only a fortnight in the Province, to express an 
opinion on this point, but my Government are carefully examining the merits of proposals 
for the amendment of the Calcutta University Act and I sec no reason to doubt that in 
any amending legislation Muslim interests will be adequately safeguarded. 

Recruitment in Judicial and Educational Services 

I am not quite sure of your reasons for singling out the judicial and educational 
services as services in which recruitment is made by means of 'pure literary competitive 
tests/ So far as recruitment to the Bengal Judicial Service goes, the matter is entirely 
in the hands of the High Court, but I can assure that no competitive literary test is 
involved and that, so far from Mahomedans being shut out from the service, the recruit- 
ment figures for the past four years show that over 30 per cent, of the appointments 
have gone to Mahomedans. In the Education Department the recruitment rules vary 
with the different branches. Tt is laid down that a proportion varying between 33 per 
cent and 45 per cent of the new appointments shall be given to Mahomedans. On the 
general question I can assure you that T am fully alivd to the importance of securing the 
inclusion of a due proportion of Mahomedans of appropriate merit and ability in the 
various branches of the public service." 

EUROPEAN ASSOCIATION 

To the European Association who presented an address of welcome on 
April 9, H. E. the Governor of Bengal said: 



92 THE INDIAN REC0 R I> B R. 

Appreciation of Service to India 

" You say in your address that the members of your Association are deeply interest- 
ed in the welfare of India. Tt could hardly be otherwise when so much that is now taken 
for granted in modern India owes its origin and development to the pioneers of the com- 
munity whom you represent. And in saying this I am thinking not only of the great 
commercial and industrial interests which you have created, giving occupation and a 
means of livelihood to hundreds of thousands of the people of India but to the traditions 
of honest dealing in public life and private and of devoted service to the country in the 
social and economic and latterly, under the reforms, in the poetical sphere. 

Anxiety For Political Reforms 

I can appreciate also that, with your inherited traditions and beliefs, you are anxious 
for the political development of this country towards those free self-governing institutions 
which in your own country you owe to the vision and enterprise of those; who have gone 
before you. 1 agree with you in thinking* that in this nlatter you have a great contribu- 
tion to make to the advancement of this country and that contribution can best be made 
if there is close co-operation between the European and the Indian in the evolution of 
the country's institutions. Though admittedly by reason of your history and position in 
the country you wield an influence out of all proportion to your numbers, you will not 
expect in any democratic constitution that may be introduced to be able to sway the 
decision of the electorate or of the Government by the mere weight of your vote. It 
must be by the essential soundness of. your views and objects that you will seek to com- 
mend them to those whose numbers will control the machine of government. This you 
have already done in the past, and I fully believe that in any future constitution that is 
likely to be framed/ for this Province there will be not only every opportunity but indeed 
much occasion for the steadying influence which your representatives can bring to bear. 

Auxiliary Force 

I thank you, gentlemen, for the assurance that my Government can count upon 
your whole- hearted support in such measures as may from time to time be necessary 
for the maintenance of law and order. This is only what I might have expected from 
the community whom you represent For proof of the genuineness of your professions 
in this matter if proof were needed 1 am told that I need not look farther than to 
the several units of the Auxiliary Force in different parts of this Presidency whose 
numbers and efficiency are a sufficient indication! of the keenness? which inspires' all ranks 
serving in them Believe me, I do not underrate the public spirit both of those who 
offer themselves for such training and) of the firms who allow them facilities to undergo 
it. 
Frank, Open and Friendly Criticism 

You say that your Association has hitherto been regarded as one of the public 
bodies whose opinions have been consulted by Government on matters of" public interest. 
I can promise you that I shall not make less USQ of you in this respect than my prede- 
cessors have done. In the problem which He before us all men of good will can play 
their part in helping* to attain a solution in which no legitimate interest will be sacrificed 
but all interests will be subjugated to the common weai 1 Your members represent 
important interests of mankind; they carry great responsibilities and command a great 
experience From such a body assistance must always be welcome, and if it is tempered 
with the " frank, open and friendly criticism " to which you have 1 referred, I trust vou 
will always find! me as accessible to hear the latter as I shall be grateful for the former. 

We shall, I hope, soon come to know each other more intimately than the formali- 
ties of to-day's ceremony permit; but, in the meantime, let me again thank you for 
your cordial welcome and good wishes." 

ANGLO-INDIAN AND DOMICILED EUROPEAN ASSOCIATION 

The Anglo-Indian and Domiciled European Association in their welcome 
address stated that by reason of their origin, services, history and tradition 
their community was entitled to the sympathy of both Britain and of 
India. Reference was also made to the part played by the community in 
developing the country and in supporting the forces of order. 

In reply His Excellency acknowledged the important part played by 
their community and realised that the community cherished no higher 
ambition than to be allowed to follow the pursuits connected by long asso- 
ciation with the community and to maintain the traditions inherited with 
them, 



POLITICS IN BENGAL. 03 

Alluding to the smallness of the community (with about 30,000 members)" 
His Excellency thought that while the problems affecting their ^ community 
had their political side, its interests and anxieties were economic. 

Anglo- Indian & European Education 

On the subject of educational facilities for the community His Excellency 
said: 

I have heard something of the difficulties with which you are now-a-days con- 
fronted in your efforts to maintain a position in those branches of Government service 
which a few years ago were regarded by you almost as a preserve, and I realise that 
here and in other walks of life to which you may justly look for employment for your 
sons and daughters you will be faced with a competition which only a sound education 
can enable you to meet. It is the desire of Government to maintain the present policy 
as regards Anglo-Indian and European education, improving and developing the system 
to the highest degree possible within the financial resources at our disposal. 
Claims for Sympathy 

Referring to the claims for sympathy both of Britain and of India, made 
by the community, His Excellency said: 

I cannot pledge either Britain or India but I can give you my personal assurance, 
and I do so now in all sincerity that during my term of office I shall always be ready 
to listen to your representations and to do what lies in me, consonant with my respon- 
sibilities to the Province as a whole, to further your legitimate interests. 

INDIAN CHAMBER OF COMMERCE 

In course of his reply to an address by the Indian Chamber of Commerce 
on April 9, Sir John Anderson, the new Governor of Bengal, said that he was 
anxious to do all that lay in his power to maintain and improve good under- 
standing between the Government and the governed in Bengal. " I have no 
reason," he continued, " to believe that, as between my Government and the 
generality of the people of the Province, there is other than a good under- 
standing at present ". 

Constitutional Reforms 

With regard to constitutional reforms His Excellency remarked : 
The co-operation of leaders of all parties was sought for the constitutional dis- 
cussions in London and it was not on the mtiative of Government that a train of events 
was set in motion which has since deprived Government and the country of the assist- 
ance of some whose help Government would very gladly have welcomed. As it is, 
His Majesty's Government and the Governments in India have lost no time, ever since 
the Round Table Conference; dissolved, in Betting up committees and taking other measures 
for the elaboration of the scheme of constitutional reforms foreshadowed by the Prime 
Minister in his speech of 1st December last and subsequently endorsed in the most solemn 
manner by both Houses of the British Parliament. The aim of British statesmanship, 
pronounced and repeated many times by Viceroys and Ministers within recent years, is 
to frame a constitution under which India will be able to advance to fulll responsibility 
for her own Government within the British Commonwealth of Nations ^and the problem 
upon which statesmen, Indian and British alike, are at present engaged is the determina- 
tion of the steps by which that end can best be attained. 
Defence Of Ordinances 

As regards the special powers His Excellency said: 

I agree that they are, as they were meant to be, drastic and comprehensive; 
designed as they were, and introduced, to meet an unprecedented emergency threatening 
the very basis of social and political order in India, they coti 1 d not but be drastic in 
nature. I can understand that the issue of instruments placing such wide powers in 
the hands of the executive authorities might have occasioned a certain amount of appre- 
hension at the time of publication but, I find it more difficult to believe that now, after 
three months' working of the Ordinances, there can be any excuse for fear among the 
vast mass of the law-abiding population. The Ordinances were designed and have, I 
believe, been administered for the protection and benefit of the law-abiding sections of 
the community, and especially for the benefit of those whose normal pursuits, corn- 
met cial and financial render them most vulnerable to any disturbance affecting the safety 
of property or the maintenance of credit. No one will be more happy than the 
Executive authorities, who have to administer them, when a condition of affairs arises 
in which it will be possibfle to dispense with the Ordinances and revert to the ordinary 



94 THE INDIAN RECORDER. 

law. But the initiative in this matter rests with those whose action has forced Gov- 
ernment to assume these unusual powers. Meanwhile, I can only reiterate what has 
already been repeatedly* stated on behalf of Government, that no innocent party has any- 
thing to fear from the Ordinances: on the contrary, they were designed expressly to 
assure all law-abiding persons of the maintenance of their individual liberty and of 
freedom from the tyranny of social and economic molestation for political ends. 

BENGAL NATIONAL CHAMBER OF COMMERCE 

In the course of their address the Bengal National Chamber of Commerce 
referred to the unsettled political condition, aggravated by the present 
policy of repression and of government by ordinance. The Chamber invited 
attention to the feeling, widely current in the Province, that British business- 
men, whose outlook had come to be so markedly anti-national, were exercis- 
ing an unusual degree of influence over the policy of the Government and was 
alienating more the sympathy and moral support of important sections of 
the people, who would otherwise have been eager to associate themselves 
in all efforts at constructive government. While condemning terrorism, the 
Chamber believed that sound representative institutions could not evolve 
from a policy of conflict, but 1 could only be founded upon the willing consent 
of the people, Lastly, the Chamber hoped that His Excellency would accord 
Indian business interests the importance to which they were justly entitled. 
Jute Crisis 

Replying, His Excellency deplored the economic condition of the pro- 
vince and, speaking on the jute crisis, said : 

1 woui'd hesitate long before supporting any proposal for Government intervention, 
because I am in principle opposed to Government interference in the delicately balanced 
mechanism of trade and industry. I will at this stage say only this that Government 
in these times could not afford to stand idly by and see a great industry, which is the 
mainstay of this province, plunged into confusion for lack of timely action of one kind 
or another. 

Employment for Bhadralog Class 

In course of his reply he said: 

The scarcity of suitable outlets for the young people of what I believe you call 
" the bhadralog class " is also worthy of the most serious consideration. I can assure 
you that it is constantly engaging the attention of my Government. 

Repressive Measures 

In connection with the reference in the address to repressive measures, 
His Excellency said : 

TliObc who have committed themselves o\ertly or covertly to a policy of resistance 
to a constituted authority are naturally incommodated. That was after all the purpose 
of the emergency measures. 
Call for Co-operation 

His Excellency welcomed their condemnation of terrorism and supported 
their plea for closer contact and better understanding between the different 
sections of the community. Concluding His Excellency observed : 

In view of the most definite and solemn assurances which you have received as 
to the policy of His Maiestv's Government and the Government of India in regard to 
the progress of constitutional reform, I find it rather difficult to sec how co-operation 
with Government either in that matter or in everyday administration can be thought 
to be incompatible with self-respect. 



JAIL ADMINISTRATION 

SPECIAL REGULATIONS FOR BENGAL DETENUS AT DEOLI 

RULES governing the custody and conduct of the Bengali Detenus in 
the Deoli Camp Jail (Ajmer-Merwara) were published in the May 14 
issue of the " Gazette of India." Except that they will be treated as civil 
prisoners, in accordance with the provisions of the Prisons Act. 1894 the 
provisions regarding their method of living, interview with relatives, privi- 
leges of writing letters, and of a supplv of newspapers as also the powers of 
the jail authorities regarding maintaining of discipline and in preventing 
attempt to escape, are precisely the same as those meant for the Buxa and 
the Hijli Camps. They are allowed to enjoy 2 newspapers and 28 magazines, 
which are considered "innocuous." 
The notification is as follows: 

"CIVIL" PRISONERS 

In exercise of the powers conferred by section '13 of the Bengal Criminal Law 
Amendment Act, 1930, read with section 2 of the Bengal Criminal Law Amendment 
(Supplementary) Act, 1932, the Chief C ommissioner is pleased to make the following 
rules : 

1. These rules may be called the Bengal Detenus Custody Rules. 

2. The Deoli Camp Jail (hereinafter referred to as the prison) is hereby declared 
to be the place of custody of all persons (hereinafter referred to as prisoners) trans- 
ferred to the province of Aimer-Mcrwara in exercise of the provisions of section 2 of the 
Bengal Criminal Law Amendment (Supplementary) Act. 1932. 

3. Save in so far as is otherwise provided by these* rules, prisoners shall be treated 
as civil prisoners in accordance with the provisions of the Prisons Act. 1894. and the 
rules made there-under. 

NINE COMMANDMENTS 

4. (1) Prisoners shall reside in the accommodation allotted' to them by the Superin- 
tendent within the limit of the prison ; 

(2) they shall not proceed beyond those limits save with the permission of the 
Superintendent given by general or special order in tins behalf; 

(3) they shall obey the orders of the Superintendent issued from time to time tor 
the comfort, safetv, health and orderly conduct and for the discipline and control of 
the prisoners residing within the prison; 

(4) they shall attend roll-call and answer their names in person at such times 
and places within the prison as may be appointed by the Superintendent; 

(5) they shall conform! to the standards of cleanliness and dress laid down by 
the Superintendent ; 

(6) they shall not do anything wilfully with the object of affecting! their own bodily 
welfare ; * ' i * ! 

(7) they shall not have m their possession any coin, currencv notes or negotiable 
instruments, any weapons, sticks, razors other than safety razors, pieces of iron or 
any other article which may be used as a weapon ; 

(8) they shall not exchange or sell any of their kit, equipment, clothes, furniture 
or other possessions: and 

(^9) they shall rise when any inspecting officer, police officer or member of a 
Visiting Committee approaches them and they shall answer any question put to them 
by such inspecting officer, police officer or member of a Visiting Committee in tho 
discharge of their duties, and gencra'ly shall treat such persons with respect. 
OMISSIONS AND COMMISSIONS' 

5. (1) Any prisoner who contravenes any of the provisions of rule 4 or does any 
of the following acts, namely; 

(i) assaults, insults, threatens or obstructs any fellow prisoner or any officer ot 
the prison or any other Government servant, or anv person employed in the prison or 
any member of the Visiting Committee, or 

(ii) quarrels with any person in the prison, or 

(iii) is guilty of indecent, immoral or disorderly conduct, or 



96 THfi INDIAN RECORDER. 

(iv) communicates or attempts to communicate with any person outside the prison 
in an unauthorised manner, or operation of any rule made under the Prison Act, 1894; 

(v) bribes or attempts to bribe any Government servant or any person employed 
in the prison, or 

(vi) commits any nuisance or wilfullly befouls any well, latrine, washing or bathing 
place, or 

(vii) disobeys the orders of or shows disrespect to any officer of the prison, or 
(via) wilfully damages any property belonging to Government or tampers with prison 
locks, lamps or lights, or 

(ix) abets the commission of a foregoing act, or 

(x) omits or refuses to help any officer of the prison in case of an attempted escape 
on the part of any of hisf fellow prisoners or of any attack upon such officer or upon 
any of his fellow prisoners . 

Shall in lieu of any punishment to which he might have been liable under the 
provisions of the Prisons Act, 1894, be liable in respect of each such contravention of 
act or abetment, by order of the Superintendent, to any or all of the following punish- 
ments : 

PUNISHMENTS 

(a) confinement in cells for a period not exceeding fourteen days; 

(b) reduction of diet allowance by not more than four* annas per diem for a period 
not exceeding fourteen days; 

(c) reduction of personal allowance by not more than eight annas per diem for a 
period not exceeding fourteen days ; 

(d) cancellation or reduction, for a period which may extend to two months, of 
the privilege of writing and receiving letters, newspapers and books ; and 

(e) cancellation or reduction, for a period which may extend to two months, of 
the privilege of having interviews. 

(2) Nothing .contained in sub-rule (1) shall be deemed to exempt prisoners from 
the operation of section 52 of the Prisons Act, 1894 (Act IX of 1894). 

INTERVIEWS 

6 (1) The Superintendent shall fix two days in the week on which interviews 
may take place. 

(2) Interviews shall be permissible to such persons as have satisfied the Superin- 
tendent that they have received permission from the authorities appointed for that purpose 
by the Government of Bengal : 

Provided that the prisoner sought to be interviewed is not undergoing punish- 
ment by cancel'ation or reduction of the privilege of having interviews. 

(3) Interviews shall take place in the presence of an officer deputed by the Super- 
intendent, and such officer may terminate an interview forthwith, if, in his opinion, the 
conversation is detrimental to the public interest or safety. 

(4) Every person permitted to interview a prisoner and the prisoner himself shall 
be searched before and after the interview. 

(5) The number of interviews shall not exceed more than one in a fortnight for 
each prisoner and there shall not be more than three visitors present simultaneously 
at an interview. 

(6) The Superintendent may appoint the time, place and duration for each inter- 
view, and ordinarily will not allow an interview to continue for morel than one hour. 

WRITING LETTERS 

7 (1) Prisoners may write three letters per week, but not more than one letter 
shall be allowed to be enclosed in one envelope except in special conditions with the 
permission of the Superintendent. 

(2) Prisoners may receive as many letters as are addressed to them, subject to 
the provisions hereinafter contained for withholding such letters. 

(3) All letters to and from prisoners shall be perused by the Superintendent or 
by an officer specially appointed by ' him to assist him in this behalf or to perform this 
duty in his absence. 

(4) If the Superintendent or the officer appointed by him is of opinion that a letter 
intended for despatch from a prisoner may be detrimental to the public interest or safety, 
he may withhold it, and, in cases of doubt, he may refer the matter for orders to the 
Chief Commissioner. 

(5) If the Superintendent or the officer appointed by him is of opinion that the 
communication of a letter addressed to a prisoner may be detrimental to the public 
interest or safety, he may withhold the letter, and, in cases of doubt, he may refer the 
matter for orders to the Chief Commissioner. 

(6) 'In all cases in which a letter either is not despatched or is not delivered to 
the prisoner, the fact shall be reported to him. 

(7) All letters the despatch or delivery of which is withheld in accordance with 
these rules shall be delivered to the Chief Commissioner. 



JAIL A D M I H I S t-R A f I N # 

(8) Notwithstanding anything hereinbefore contained, the Superintendent, or the 
officer appointed by him, may, instead of withholding the delivery or despatch of a' letter, 
delete any portion which in his opinion may be detrimental to the public interest or* 
safety and may despatch or deliver, as the case may be, the letter in such condition, 

(9) The receipt and despatch of telegrams by prisoners shall be subject to the 
same control as is hereinbefore provided for letters except that the number of telegrams 
which may be despatched by a pitsoner sha/ll be within the discretion of the Superin- 
tendent. 

8. (1) Any of the newspapers and periodicals contained in the list shown in 
Schedule 1 * to these rules may be received through the post by prisoners subject to the 
following conditions namely. 

(a) any postal article containing the newspaper or periodical shall first be opened 
by the Superintendent or a person appointed by him for the purpose; (b) where the 
outside page of any such newspaper or periodical is composed, in whole or in part, of 
advertisements, such advertisements shah be deleted before the newspaper or periodical 
is delivered to the prisoner. 

(2) Books may also be received by prisoners through the post subject to the 
condition that the postal article containing the book shall first be opened by the Superin- 
tendent or any person appointed, by him for the purpose and the delivery of such book 
to the prisoner may be refused by the Superintendent if, in his opinion, it is not suitable. 

(3) In addition to newspapers, periodicals and books which may be received through 
the post, prisoners may purchase from their personal allowance newspapers, periodicals 
and books subject to the conditions laid down in sub-rules (l)land (2). 

9. The Superintendent shall forward with such observations as he may think fit 
any representations which a prisoner may from time to tune be ( desirous of submitting 
to the Chief Commisbionei. 

Provided that if there be anything in the representation which in the opinion of 
the Superintendent is objectionable or insulting, he may withhold and destroy the repre- 
sentation, but if he does so, he shall inform the prisoner that the application has been 
withheld. 

10. (1) Any officer of the prison and any prison-guard may use- a sword, bayonet, 
firearm or any other weapon against any prisoner escaping or attempting to escape. 

Provided that resort shall not be had to the use of any such weapon unless such 
officer or guard has reasonable ground to believe that he cannot otherwise prevent the 
escape. 

(2) Any officer of the prison and' any prison-guard may use a sword, bayonet, 
fire-arm or any other weapon against any prisoner engaged in any combined outbreak 
or in any attempt to force or break open any gate, wire-fencing or enclosing wall of the 
prison and may continue to use such weapon so long as such combined outbreak or attempt 
is actuailly being prosecuted. 

(3) Any officer of the prison and any prison-guard may use a sword, bayonet, fire- 
arm or any other weapon against any prisoner using 1 violence to any officer of the prison 
or any other person : 

Provided that there is reasonable ground for the officer or guard to believe that 
there is danger to the life or limb of the person who is being attacked or that any other 
grievous hurt is likely to be caused to such person. 

(4) Before using fire-arms against a prisoner under the authority contained in sub- 
rule (1), the officer or guard shall give warning to the prisoner that he is about' to fire. 

(5) No officer or guard shall use arms of any kind against a prisoner, in the event 
of any outbreak or attempt to escape, without the orders of a superior officer when such 
superior officer ii actually present and can be consulted. 

* SCHEDULE 1 ~ ' 

The following newspapers, periodicals and magazines may be supplied to the 
detenus besides any magazines published in Great Britain (except those excluded under 
the Sea Customs Act): ^. , t , 

Newspapers : The Statesman (daily), the Bengalee (daily), Pioneer (daily), the 
Leader (daily) of Allahabad, the Englishman (the present weekly edition), Illustrated 
Times of Indian (weekly), Hindi Bangabasi (weekly), Sanjibani (weekly), Calcutta 
Weekly Notes (weekly), Dacca Prakash (weekly), Bangaratna (magazine), Suniti 
(bi-weekly of Chittagong), Madaripur Bartabaha (magazine), Panchayat (weekly), 
Mymensingh Samachar (weekly), Tippera Guide (weekly), Rangpur Darpan (weekly), 
Hindu Ranjika (weekly), Khalsa Samachar (Amntsar), " Khalsa-to-Khalsa Advocate 
(Amritsar), Khalsa Parchar Sewak (Tarn Taran, Amritsar). 

Magazines : Sonar Bangla, Masik Basumati, Bharatbarsa, Indian Review, Calcutta 
Review, Indian Medical Gazette, Manasi-o-Marmavani, Udbodhan, Krishak, Utsab, Matri- 
Mandir, The Indian Historical Quarterly, Bhandar, Krishi Sampad, Prabuddha Bharat, 
Buddhist India, Sangit Bijnan Prabesika, Saurabh, Hindustan Review, Homoeopathic 
Director, Economic Journal, Arthik Unnati, Pushpapatra, Bichitra, Galpa Lahari. Al-Aman 
of Delhi, Aftab, Haq. 

13 



M t^fi INDIAN RECORDER. 

11. Subject to the provisions of rule 10, the Superintendent may use of require to 
be used such force as may in his opinion be necessary to compel obedience on the part 
of any prisoner to any lawful order issued by him. 

TREATMENT OF DETENUS IN DEOLI JAIL 

Enquiries show that, in addition to the statutory rules that have been 
published, instructions regarding the treatment of detenus have been issued 
by the Chief Commissioner, Ajmer-Merwara. They contain various provi- 
sions which the Government holds are in terms of Sir James Crerar's under- 
taking"to reproduce conditions obtaining in Bengal in respect of diet and 
in respect of other conditions of detention." Each detenu is provided with 
necessary furniture of ordinary comfort including a light at night and a 
mosquito net. In addition to what is supplied by the Government, a detenu 
is at liberty to provide, at his own expense, such other furniture as may be 
consistent with his ordinary habits and the accommodation in the camp jail. 

Each detenu receives a daily allowance for diet, and in addition a 
monthly allowance. He may wear his own clothes and, at the discretion of 
the Superintendent, extra clothes and bedding can be supplied by his friends 
or purchased from the monthly allowance. 

Official circles claim that the diet fulfils all the requirements of respect- 
able Bengali food. Reasonable quantities of fruits, cigarettes, pan and spices, 
within the daily allowance, are permitted. That scale is not rigid, and the 
wishes of the detenus may be taken into account. They are allowed to 
supervise the cooking of their food if they desire. Arrangements for indoor 
games have been made. Reasonable facilities are also given for the perfor- 
mance of private worship. 

JAIL LIFE AT DEOLI CAMP 

In spite of all the assurances given by the Home Member regarding the 
reproduction of conditions congenial to the Bengalis in the Deoli Camp 
where a number of Bengali detenus were transferred, the conditions in the 
Camp left room for improvement. 

The following extracts from a letter written by Sj. Jnanendra Chandra 
Mozumdar from Deoli Detention Jail in Ajmer-Merwara to Mr. J. C. Gupta, 
Barrister-at-Law show the condition of jail life in the Camp. The letter 
had been censored and passed : 

Perhaps you arc aware that we have been brought here a few days back. Life 
has become intolerable here. It is impossible for me to describe in this letter what 
suffering we have been put to owing to extreme unbearable heat. We complained to 
the Superintendent of this jail and requested him to supply us with khas/ khas screens 
and make arrangements for pulling punkhas but unfortunately the said officer replied 
that these were luxuries though he himsdf and his staff are enjoying} the same in the 
, office As regards diet, the less said the better. No fish except occasionally inedible 
'boal' fish are supplied. Perhaps you will be surprised to learn that no 'mustard oil/ so 
essential for the preparation of our diet, is being suppTied. We get no vegetables except 
potatoes and sweet 'kumras' and the quality of 'ghee' is as bad as can be. There are 
no cooks except a few convicts who are quite ignorant of the art of cooking. As regards 
our accommodation here, it is so inadequate that it reminds one of a jute godown. 
It will be a long^ story to give all our hardships here and 1 don't Lke to take awayi your 
valuable time. Even a good barber, as is done in Buxa and Presidency Jails, has not been 
allowed us except one convict} who is as good as a man in the street in the art of 
shaving, etc. 

You have heard about the sad death of Mrinal Roy Choudhury. His state' of health, 
the treatment he received at the Presidency Jail, the excessive heat and other conditions 
here and want of proper medical aid were too much for him to bear and he began to 
show signs of derangement whereupon the Superintendent took him outside the Camp in 
a segregation cell and where he was alleged to have committed suicide. While he was in 
the cell outside, none of us were allowed to go to or see him though some of his friends 
pressed for that. 



JAIL ADMINISTRATION 99 

DETENU COMMITS SUICIDE 

Mrinal Kanti Roy Choudhury, a detenu in Deoli Camp (Ajmer- 
Merwara) committed suicide on June S. Three members of the Assembly 
requested permission from the Government of India to vis-it Deoli Jail and 
investigate the circumstances connected with Mrinal Kanti's suicide. In 
reply Mr. C. W. Gwynne, Joint Secretary, Home Department informed that 
an inquest was held in the case by Major Davidson, an' Honorary First Class 
Magistrate, whose verdict was that death was due to suicide by the neck 
being broken. The Government of India were satisfied in regard to the 
facts and regretted that they were unable to accede to the request for the 
enquiry. 

The following is the full text of the finding of Major Davidson, Hony. 
Magistrate, First Class, who made an inquest on the dead body of Mrinal 
Kanti Roy Chowdhury on June S last under Cr. P. C., Sections 174 and 176: 

I give a finding of suicide by fracture of the spinal column of the neck by 
hanging with a rope, while in a temporary unsound mind. 

I would add that I consider that the jail authorities did alll in their power to 
alleviate the condition of the deceased at all times, and that I consider the chief cause 
of his act was apprehension of his bodily safety at the hands of his fellow detenus if 
sent back to live amongst them in the jail. 

CLASSIFICATION OF POLITICAL PRISONERS 

The classification of prisoners in connection with civil disobedience 
movement has been the subject of considerable comment among all schools 
of thought. The question of treatment to political prisoners was considered 
by a special committee of the Central Legislature and its recommendations 
resulted in the classification of prisoners by Government in three classes, 
namely A, B and C. Cases were cited: where people, prominent in. public eye 
and enjoying a high status in life, had been placed in the "C" class and 
appeals were issued by public bodies for revising the rules laid down by the 
Government of India regarding the classification of political prisoners and 
for issuing necessary instructions to the provincial governments. The 
Lahore Hi.^h Court Bar Association drew the attention of the Punjab Govern- 
ment on the action of the Government in overriding the recommendations of 
the Judiciary in respect of "A" and "B" class prisoners. The Association 
passed a resolution requesting the Government to rectify the anomaly and 
injustice stating that in all civilised countries political prisoners were treated 
better than the criminals. The Association further stated that the Anglo- 
Indians and Europeans guilty of bigger offences were even treated better 
than the Indian political prisoners. 

Western India National Liberal Association's Comments 

The Western India National Liberal Association, in course of a Press 
statement on April 15 quoted Mr, H. W. Emerson's enunciation of policy in 
this connection in the Council of State which was subsequently reaffirmed 
by the Home Government of India in course of a reply to a question in the 
Assembly and also His Excellency the Viceroy's assurance regarding this 
as well as other points in his reply to the Council's representation regarding 
the working of Ordinances. 

Commenting on these, the statement says that the classification, recently 
adopted by the Provincial Governments including the Bombay Government 
showed conclusively that there had been a change of policy although the 
Home Member had said that there had been no change of policy. The 
Council felt constrained to point out that that change of policy is inconsistent 
with the assurances of the Government of India as stated above. The 



100 THE INDIAN RECdRDER. 

i 

Council firmly believed that that change of policy merely helped to inflame 
public feeling and create greater bitterness in minds of political prisoners 
which the Government were anxious to avoid. 

The Council drew the attention of the Government to the fact that a 
large number of persons who had been placed in' classes A and B in 1930 and 
again in 1932 had been now transferred to a lower grade. Some of those 
were men and women of culture and educational attainments and accus- 
tomed to superior mode of living. The Council, therefore, failed to under- 
stand the object of having a class if such persons were not placed in such 
a class. 

The Council further lay the Government open to the charge of vindictive 
treatment while the Government of India clearly stated that it was their 
desire that action taken should not be arbitrary or vindictive or designed 
deliberately to cause humiliation. 

Views of Indian Merchants Chamber 

In a letter to the Home Department, Government of Bombay, the 
Secretary to the Committee of Indian Merchants Chamber, Bombay, wrote 
on April 1, 1932: 

The rules laid down by the Government of India regarding the classification of 
po'itical prisoners were practically the same as those framed by the Government of 
Bombay, excepting a small difference here and there. My Committee feel that it is 
very clear from these rules that this classification has to take into account the social 
status, education and habits of life of the prisoners, provided, of course, that they are 
not convicted of offences involving elements of cruelty, nioial degradation or personal 
greed ; or serious or premeditated violence, etc. It is also clear that " C " class is 
generally meant for the "ordinary jail population" Sure'ly, it cannot be contended that 
people who are at present sent to jail owing to their having taken part in the civil dis- 
obedience movement form part of the ordinary jail population ; and so they must either 
be placed in "A" or "B" class. 

It is found, however, that verv few people, if any, are placed in "A" class and that 
a small number of people are placed in " B " class, while the rest 1 whether; men or women, 
are placed in "C" class Instances have happened wherein people enjoying a very high 
status in business life and whose standard of living in ordinary life was very high have 
been placed in "C"" class. This is not in keeping, my Committee submit, with the spirit 
of the rules for the classification of prisoners, and my Committee trust that Government 
will be pleased to look into this matter and revise the classification where it is possible 
and a'lso to issue instruction? about the stricter enforcement of the rules regarding this 
classification. 

Government Attitude 

The Government position was explained in course of replies to questions 
asked on the subject on the floors of the Assembly by Mr. Ranga Iyer. 
Mr. Haig pointed out that the classification of convicted persons depended 
partly on the nature of the offence and partly on the mode of living- as deter- 
mined by social status, education and habit of living. Generally, the classi- 
fication was the function of the court subject to the confirmation and review 
by the local Government concerned. Tt was also stated that no instruction 
had been issued or were under contemplation in connection with the civil 
disobedience movement, 

Tt was also pointed out by some local Governments that faulty classifi- 
cation of political prisoners was in good many instances due to the 
obstinacy of the prisoners concerned in refusing to submit facts about their 
own status, education and social 'position. The trying magistrate whose duty 
it was to divide the prisoners linto classes had no data before them to put 
them in classes higher than Class 1 III. It was also stated that if any prisoner 
personally made an application for being* placed in a higher division stating 
his position as required by the Jail Code, through the proper officials, the 
applications would be considered carefully. 



JAIL ADMINISTRATION 1* 

TREATMENT OF POLITICAL PRISONERS. 

The swelling number of political prisoners in different jails in India put 
a severe strain on the resources of the jail authorities. They had an excep- 
tionally, difficult time tin dealing with 40,000 men who had on principle defied 
Government authority and had mostly an advanced outlook on life. To house 
them, feed them and to enforce jail discipline among them was a most 
troublesome task. There were complaints both in the Press and the Council 
about bad diet, insufficient water supply, unhealthy sanitation and lack of 
accommodation but these were happily redressed as far as practicable in 
conformity with the Jail Code. 

But failure to comply with jail discipline on the part of some political 
prisoners was visited with severe punishments in some cases. While those 
responsible for maintaining law and order attached too much imi>ortance to 
discipline and the upkeep of their prestige, the political prisoners accustomed 
to cultured and intellectual thoughts considered them in some cases to be 
meaningless and oppressively conventional and went so far as to defy them 
under a notion of national honour and self-respect with the consequence that 
the police came into conilict with the prisoners and on a few occasions the 
police had to resort to extreme measures to enforce their authority. The 
prisoners were ordered to wear gunny clothing, punished by night hand- 
cuffs, cross-bars or bar-fetters, condemned to cell, etc. On some occasions 
they were kept on penal diet, flogged and degraded to lower division. 

The Governor-General in Council also armed the jail authorities with the 
following rule to enforce order on Bengal detenus if circumstances arose for 
its exercise: 

If any detenu under the Bengal Criminal Law Amendment Act, 1930, disobeys 
or neglects to comply with any order made, direction given or condition prescribed by 
virtue of any rule made under section 13 of the said Act, the authority which made the 
order, gave the direction or prescribed the condition may use any and every means 
necessary to enforce compliance with such order. 

ALLEGED ILL-TREATMENT TO BENARES LADY VOLUNTEERS 

Tense excitement prevailed in Benares on the allegation made by certain 
lady volunteers as to their treatment in the Dasaswamcdh Police Station in 
the evening of| March 11. It was alleged that some of the lady volunteers 
had been stripped and beaten. A protest meeting under the presidentship 
of Pandit Madan Mohan Malaviya was held on March 18 in the Town 
Hall grounds. The matter was raised in the IT. P. Legislative Council 
and also in the House of Commons. The U. P. Government, in view of the 
strong public opinion, decided to undertake a magisterial enquiry on the 
allegation. On receipt of the report of the enquiry a communique was issued 
by the U. P. Government on April 9, 1932, which stated : 

The Magistrate took special pains to obtain information from all persons, who 
were likely to have knowledge of the facts alleged. As a result of the; enquiry a ' prima 
facie ' case of causing hurt to five female volunteers by the civil police has been made 
out The men concerned have been placed under suspension and will be put on their 
trial in the court of the District Magistrate. 

Pursuant to the decision one head constable and four constables were 
placed on trial before Mr. L. Owen, District Magistrate, Benares. The trial 
ended in their acquittal. 

FLOGGING IN KARACHI DISTRICT JAIL 

The flogging of political prisoners for shouting national slogans in the 
Karachi District Jail till they begged to be let off created a great stir 
in the country. The facts of the case as issued bv the Director of In- 
formation, Bombay, under date May 20, were as follows : 

With reference to the flogging of six Civil Disobedience prisoners in the Karachi 
District Prison on the 20th of last month, misleading 1 reports have appeared in the Press 



102 THE INDIAN R E C d R D B R, 

which suggest that the prisoners in question were ordinarily quiet, well-behaved people 
who were seized and flogged for an isolated case of shouting national slogans. The 
facts are that it was necessary to inflict the punishment of flogging on! certain ring- 
leaders who had for some time been concerned in 3 deliberate attempt to create trouble 
in the prison by shouting revolutionary slogans at night. Ordinary jail punishments were 
inflicted in the first instance and the ring-leaders were warned but as this warning was 
disregarded and further trouble arose on the 14th, the Superintendent of the Prison 
circulated a notice to all prisoners that the shouting out of slogans would be 'punished 
by whipping. 

On the 19th April when the Quarterly Committee visited the prison the undisciplined 
conduct of certain Civil Disobedience prisoners was particularly noticeable and was 
resented even by other Civil Disobedience prisoners of the better class. On the evening 
of the 19th, after lock-up, Civil Disobedience prisoners in one barrack started shouting 
and screaming and the Superintendent went to the barrackJ and picked out 12 ring-leaders 
and had them removed to cells. The ordinary criminal prisoners in the barrack took 
no part in the disturbance. The declared intention of these ring-leaders was to defy 
the jail authorities and to make the enforcement of discipline impossible and it was 
essential that an example should be made of them. Accordingly, five were sentenced 
to receive 30 strokes but before the full punishment had been inflicted in any case the 
prisoners begged to be let off and the Superintendent remitted the rest of the punish- 
ment. 

A prisoner in another yard also endeavoured to create a disturbance in spite of 
repeated warnings and he was also flogged. He too begged to be. let off after 11 strokes 
had been inflicted and was released. Whipping in these cases was necessary in order to 
avoid the persistent repetition of a course? of conduct which was likely to spread all over 
the prison and create an impossible situation for the staff. The Civil Disobedience 
prisoners must submit to: jail discipline like any other prisoners; and aggressive, provo- 
cative and mutinous behaviour on their part will entail precisely the samtf punishment 
as would be inflicted on an> other prisoners in similar circumstances 

WHIPPING IN FRONTIER JAILS 

The whipping of certain prisoners in the Haripur Jail in the N. W. F. 
Province was discussed in the Frontier Legislative Council. The Inspector- 
General of Police in defending the actions of the police described the 
difficulties of jail officials in dealing with political prisoners and said that 
in Haripur Jail 3,000 prisoners had created such an anxious situation for 
the authorities that they had to choose between handing over the jail to 
the military and the whipping of ringleaders. " It is better that a few known 
ringleaders are whipped," he said. " than that a single innocent convict should 
be injured by firing that would be a logical consequence of any other course." 
He described how political prisoners immediately on coming to the jails 
shouted slogans, snatched food from convict distributors, rushed to sector 
gates whenever they were opened, refused to surrender clothes and abused 
the jail officials. He declared that they were non-violent neither in deeds 
nor words and if they ceased to create trouble for the jailors they could 
ensure for themselves all comforts under the Jail Manual. The Inspector- 
General stoutly defended the Frontier police and said that they were second 
to none throughout India in respect of loyalty and devotion to duty. They 
had manfully handled a situation, which they had been suddenly called upon 
to face, throughout the districts and if they did not always act too gently 
that was because they could not deal with organised lawlessness in that 
manner. 

WHIPPING OF JUVENILES 

The sentence of whipping inflicted on a boy of 15 years by the District 
Magistrate of Bombay was the occasion of a communication to the 
Government of Bombay by the Social Service League, Bombay. The 
General Secretary of the League in course of the letter wrote: 

" My Committee dp not propose to enter into the legality of the sentence awarded 
nor to examine the merits of the case. But as a body composed of persons interested 
in social welfare, the League would like, purely on humanitarian grounds, to bring to the 
notice of Government the undesirability of awarding sentences of whipping to juveniles 
lest the effect of administeiing such sentences be to brutalise and embitter, for the whole 



JAIL 'ADMINISTRATION 103 

of their lives, the juveniles so punished. The punishment of whipping is normally 
restricted to serious offences involving moral turpitude, heinously criminal offences or 
sexual offences of a degrading type. Even then, there is a large volume of public opinion 
in this country as elsewhere, with which we are in agreement, anxious to get rid altogether 
of this method of punishment. In the opinion of my Committee, it represents a very 
serious departure from the policy hitherto pursued by Government to apply this demora- 
lising form of punishment for offences of the nature under consideration. Interested as 
they are in social welfare, especially in the treatment of juvenile offenders, my Committee 
would request that Government be pleased to is^ur instructions that whipping, especially 
of juveniles, should not be resorted to." 

In reply the Secretary to the Home Department informed : 
" The Governor-in-Council notes that the Managing Committee of the Social Service 
League do not desire to enter 'nto the merits of the particular case but, on general grounds, 
wish to express their repugnance to the use of whipping as a punishment for juveniles 
in any circumstances whatever. I am to explain that Magistrates have discretion to 
award the sentence of whipping only in cases in which the existing law provides for it; 
and I am to say that, where such discretion exists, the Governor-in-Council does not feel 
it open to him to direct that any part of the Law shall not be used merely because its 
use does not accord with the sentiments of a section of the public. It is, however, open 
to your League, in common with any others who may share your views, to move the 
Indian Legislature to modify the existing Law on the subject." 

PUNISHMENTS IN RAJSHAHI JAIL 

Zeal in maintaining the official prestige led in some cases to revolt on 
the part of the prisoners which was promptly challenged by the jail 
authorities. 

The punishments meted out to the political prisoners in the Rajshahi 
Jail formed the subject of resolutions passed by the Rajshahi People's 
Association on May 20 which ran: 

On hearing the statement of Mr. Kishori Mohan Choudhury, M.L.C., and a non- 
official visitor pt the Rajshahi Central Jail regarding oppressive treatment, in the shape 
of gunny clothing, bai fetters, night hand-cuffs and self-cooking without proper quantity 
of fuel, etc., meted out to about IS of the Civil Disobedience prisoners lodged in the 
Rajshahi Central Jail, this Association is of opinion that this sort of treatment is 
dehumanising and out of all proportions to the necessity for the maintenance of dis- 
cipline and this Association, therefore, requests the Hon'ble Member-in-chargc for a bottci 
and moie humane treatment to these political prisoners. 

That this Association regrets to learn from the said Kishori Babu that Sj. Ram 
Sundar Singh, a devout Vaishnav of JMidnaporc, now m tins jail as Civil Disobedience- 
prisoner, has not been allowed to wear his sacred 'mala' (a chain of beads) and 'tilak' 
even at prayer time and is of opinion that thereby the religious susceptibilities of the 
entire Hindu community have been wounded. This Association requests the Hon'ble 
Member-in-charge to see that nothing is done by the jail authorities in the name r >{ 
maintenance of discipline which wounds the religious susceptibilities of any community. 

PRISON LIFE AT BUXA CAMP 

The inconveniences and incivilities under which the detenus in Buxa 
Camp suffered were revealed in the course of cross-examination of 
Mr. Llewellyn, I.C.S., Assistant Commandant of the Buxa Detention Camp 
in the case brought by Mr. Cottam, Commandant of the Buxa Detention 
Camp, against two detenus, Sjts. Purnananda Das-Gupta and Dhirendra- 
nath Mukherjee, on a charge of hurling sandals towards the Commandant. 
The witness admitted that after March 19, 1932, food allowance was 
reduced in consulation with the Medical Officer. He had complaints from 
some detenus that they were going without tiffin. On enquiry he found thai 
early-comers usually took their full meals and in some cases more, They 
could not take theitf meals all at the same time and so those who came late, 
did find that nothing was left. There was a strong sense of disapproval 
against the. method of search. He knew that Sj. Kalipada Guha Rai was 
punished for not allowing himself to be searched and also knew that 
Mr. Cottam, Commandant of the Camp, insisted upon searching a detenu 
after stripping him naked. This took place in a guard-room with closed 
doors in the presence of the witness, Commandant and an orderly. These 



104 THE INDIAN kBCORbfcft, 

detenus were received in Buxa Camp from some police escort. He was ot 
opinion that the search should be thorough. There was no modification of 
rules up till the time of occurrence. 

As regards roll-call system the witness stated that the system he followed 
was tu go round the barracks and wish the detenus good night. The system 
that the detenus should fall in at the parade ground has been introduced. 
Detenus protested against this new system and wanted the old system to 
be revived and offered their co-operation. Mr. Cottam did not agree to 
that. He knew of telegrams to the higher authorities protesting against roll- 
call. Some detenus who were getting medical diet in addition to theii 
ordinary diet refused that facility in consideration of the other detenus who 
did not get that facility. Food allowance was reduced from Ke, 1-10 to 
As. 12 and monthly allowance from Rs. 20 to Rs. 15. 

HUNGER STRIKE AT SURI CAMP 

The grievances of the prisoners remaining unredressed when brought 
to the notice of the police authorities embittered the feelings between the 
custodians and inmates of the jail. In some cases the estrangement was so 
complete as to culminate in hunger strikes which continued for days together 
to draw the attention of the public to the gravity of the situation. For- 
tunately these occurrences were few in number and were tactfully managed. 
The following details regarding the hunger-strike by some lady detenus 
at the Sun Jail are illustrative of the general grievances of the jail inmates. 
This information was supplied by the guardians of the lady detenus on 
hunger-strike. 

The young ladies who were on hunger strike had been taken to Sun not at one and 
the same time, but only in hatches, but they were all accommodated in one room measur- 
ing loughly no more than 25 ft. by about 14 or 15 ft. A part of this was used as a store, 
and the remaining portion wus occupied by their beds and some tables and other furniture. 
Evidently, for seven persons the room was far too congested. Besides it was not suffi- 
ciently airy, there being no windows and the south and the ea*t sides being completely 
blocked. No one, who has not visited Sun during the hoi months of March to May, 
can have any conception of the sufferings of the young lady detenus in the trying weather 
of these month:,. The ladies made a petition to the authorities praying for their transfer 
lo some other jail W'* are told that this petition was strong y supported by the authori- 
ties on the spot tin District Magistrate and the Superintendent who were in charge of 
the jail during the past A months. The petition was submitted in January, and they were 
assured by the Magistrate, that their transfer had- been decided upon and would take 
place about the middle of April at the latest. The ladies waited patiently till the 15th 
April, but no oiders of transfer came. They were then asked to wait for a short 
time more which they also did but this time they asked to be permitted to sleep outside 
the wardon the veranda so long as their transfer did not take place But the autho- 
rities were not inclined to relax the lock-up rule. The ladies complained that it was 
impossible for them to sleep at night inside the room which was very hot, and said that 
they had given up taking any food at night as' they had no appetite on account of passing 
sleepless nights. Thus when the detenus insisted on sleeping outside, the local authorities 
tried at first, with the aid of female warders to make them go and sleep inside. The 
ladies allege that on resisting, the help of twenty-eight male warders was subsequently 
icquisitioned. Fearing insult, they then got up, went of their own accord into the room, 
and as a protest resorted to hunger-strike from that very night. 

From the account given above, it would be clear to all that the ladies resorted to 
hunger-strike, not in any spirit of defiance of authority but in a tnood of desperation 
The next day, the local authorities tried to induce the ladies to give up their hunger- 
strike but were unsuccessful. So the District Magistrate sent wires to the guardians 
of the ladies who' started for Suri post-haste, some arriving on the 1st, and the rest on 
the 2nd May. The guardians saw the ladies, one by one, in the first place, and heard 
what they had to say. They also failed, however, to induce any one to take food. On 
the 2nd May some of the guardians wtnted to see all the ladies together, and address 
them. The local authorities fully entered into the idea and one of the guardians (Sj- 
G. C. Nag) present appealed to the ladies. It had the desired effect and the ladies agreed 
to break their fast if their grievances were removed. The matter came to a happy close 
with a promise made to extend the lock-up hour. 



'# A J t ADMINISTRATION 105 

DIFFICULTIES IN VISITING JAIL 

The difficulties experienced in having interviews with the political pri- 
soners and detenus were formidable, the difficulties in the way of visiting 
the jails were almost insuperable. The following letter addressed by 
Ch. Baldeva, M.L.C, Meerut, to the Home Department, U. P. Government, 
Nainital, explains the position in which a jail visitor found himself: 

It is with a feeling of great pain and humiliation that I am writing this letter. 
Ever since I received G. p. No. 2600 vi 142-1931 circulated on 21.1. 1932, by which all the 
members of the Legislative Council who represent territorial constituencies were made 
ex-officio Jail visitors, 1 have been trying to visit the Meerut District Jail, but 1 am 
always being put off by the Jail authorities on one pretext or another. Indeed, it seeins 
to me that the Jail authorities take pride in openly flouting the instructions given in 
various circulars, issued by the local 1 Government and in setting at naught the assurances 
of the Chief Secretary even. Their conduct seems very clearly to imply that the circular 
issued and the assurances extended are to be observed more in their breach than in their 
observance. 

Now, in the first place, it seems doubtful to me that the Government letter, 
circulated on 12th January 1932, has not reached the Jail Superintendent even so late 
as 16th February '1932. If it did not, then the onlly reasonable inference that can be 
drawn from this omission is that the circular was only meant to be an eyewash for ;the 
public and was never intended to be given effect to, since the Jail Superintendent had 
not, received the circular before the end of March 1932, and there could be no justification 
for his not then instructing the Jailor that such and such persons had been appointed 
ex-officio jail visitors and that they were to be admitted whenever they felt inclined 
to exercise their right, especially after so much correspondence on the subject. Even 
in normal times, such courtesies could be expected. But in these abnormal times when 
the atmosphere is surcharged with doubts and suspicions, these omissions, even though 
'bona-fide' (which in this case they do not seem to be); are likely to be misconstrued. 

For a long time I have been hearing all sorts of rumours in the city. These 
rumours of ill-treatment of political prisoners have gradually been gaining ground . 

It was 1 with a view to ascertain the truth or falsity of them that I wanted to visit 
the JaiK on the 6th or 7th of April, when 1 was so very summarily refused on the pretext 
that I had not brought the written permission of the Jail Superintendent. To be able 
to know the true state of affairs I wanted to give a surprise visit. 

To have tried to obtain permission beforehand would have nullified the very object 
of my visit. The local authorities by persistently refusing me admission into the Jail 
are forcing me to infer that their treatment of political prisoners is not what it should 
be. My object in trying to visit the jail was to know the true facts to contradict them 
if they were wrong, or to remedy them, if true. With that for my object I would now 
request you to kindly come to Meerut and see for yourself as to what is happening here 
in the local jail. 

FIRINGS IN JAILS 

Insubordination to the jail authorities on the part of prisoners unfor- 
tunately led to opening of fire in several detention camps and jails. 
Firing in Phulwari Camp 

The Bihar Government issued the following communique regarding 
Phulwari Camp Jail incident. 

On the morning of April 1, two prisoners of Patna Camp jatl were hand-cuffed for 
insubordination. This was made an occasion for demonstration by a number of prisoners 
inside the Jail Gate 

At midday when the guard were due to be changed the outgoing guard were unable 
to get out of the jaill owing to demonstrators inside the gate barring their way. When 
the ingoing guard attempted to open the inner gate 'in order to relieve the outgoing guard, 
prisoners made a rush and some of the barbed wire fencing was torn up. The outgoing 
guard who were unarmed were hustled in the crowd. 

The Superintendent of the Jail on hearing the noise came to the spot and ordered 
the ingoing guard to charge and clear the space inside the Gate. ' This was done and in 
the process several prisoners were slightly injured. The statement thai prisoners were 
killed is entirely without foundation. 
Firing in Fatehpur Jail 

One prisoner was killed and several other injured as a result of firing 
which was alleged to have been opened in the Fatehpur District Jail at the 
instance of the jail authorities on June 5. This information was disclosed 
irtf a report which appeared in Pioneer of June 7, 

14 



&6 ?H INDIAN RECORDS R. 

It was alleged that many prisoners assumed a defiant and threatening 
attitude and combined to attack some of the jail officials whereupon several 
rounds of buckshots were fired. Of those who received injuries, besides one 
killed, the condition of some was reported to be precarious. 

JAIL EVACUATION 

To remove congestion in jails due to the large influx of political prisoners 
several hundred convicts who were undergoing imprisonment for criminal 
offences in the jails in the Bombay Presidency were released during April. 
In a communique the Government of Bombay pointed put that their orders 
provided that only prisoners who had completed one-third of their sentence, 
inclusive of remissions were eligible for release, provided that they had 
already served not less than three months. The orders definitely precluded 
the release of habituals and of persons convicted for rioting and kindred 
offences. Prisoners who did not behave well in jail were not released re- 
gardless of the nature of their offences or the length of their sentence or 
their age or state of health. The number of prisoners released was 2020, 
and it was not proposed to release any more at present. 

A number of boy civil disobedience prisoners were also released from 
the jails in Bengal. 



LEGISLATIVE 



INDIAN LEGISLATIVE ASSEMBLY 
PROCEEDINGS OF THE ASSEMBLY 

THE Legislative Assembly which concluded its Simla Session on April 6. 
1932, had an active business programme before it. Among other busi- 
ness done, the Legislative Assembly passed the Indian Air Force Bill, 
Broadcasting Bill. Bill to Validate Certain Suits, Sugar Industry Protection 
Bill, Foreign Relations Bill and considered the report of the Standing Finance 
Committee on the financial questions arising out of the proposed separation 
of Burma from India. The unsatisfactory reply regarding the attitude of 
the Government towards constitutional reforms for India also engaged the 
attention of the Assembly. An account of the proceedings follows date 
by date. 

APRIL 1, 1932 

CENSURE MOTION ON GOVERNMENT POLICY 

The President of the Assembly informed members that he had received 
notice of two motions for adjournment of the House. The first was by 
Mr. Harbans Singh Brar to discuss the unsatisfactory reply of the Leader 
of the House (Sir George Rainy) to questions regarding the expediting of 
reforms with Mr. Gandhi in jail. The second was by Mr. B. Sitaram Raju 
to discuss the unsatisfactory reply regarding the attitude of the Government 
towards constitutional reforms for India which were awaiting decision. 

The reply referred to above was in connection with a series of questions 
asked by Mr. Lalchand Navalrai on March 31, 1932, regarding a circular en- 
titled " Secret European Circular "* (also known as " Royalists' Circular ") 
said to have been issued by Mr. Benthall. 

ROYALISTS' CIRCULAR 

* The text of the circular referred to above which was " very private and 
confidential " and was " not meant for publication in any way " is reproduced 
in the form it first appeared in Advance of Calcutta: 

We give below a resume of Mr. Benthall's general remarks on the occasion when 
your Committee met him recently. No attempt has been made to summarise the discus- 
sion subsequent to Mr. Benthall's remarks, but it is proposed to invite Mr. Benthall to 
address a later meeting of liaison members, and we hope to ask him then to deal with any 
questions or criticisms submitted by members. 

ANALYSIS OF MR. BENTHALL'S REMARKS 

1. Situation to be met at Conference. 

2. Conditions of debate difficult. 

3. Value of R. T. C. as educating (1) British 'public opinion, and (2) World 
opinion. 

4. Gandhi discredited with his Indian fellow-delegates. 

5. Gandhi returned to India empty-handed. 

6. Gandhi failed to settle the communal problemresult, the Minorities Pact. 

8. Attitude of MosDems. 

9. All outstanding points of difference between European representatives awj 
their extremist opponents argued strictly on their merits. 



108 THE INDIAN RECORDER. 

In course of his reply Sir George Rainy stated: 
(a) Government have seen press accounts of the circular. They have no other 
information regarding it. 

10. Important point of principle involved in Minorities Pact. Are the Europeans 
a "minority/* or a colony of the British people resident in India? 

11. 'Commercial Safeguards 'In the main the * substance ' granted in a very 
satisfactory manner. The sanctions very much more important than the safeguards 
themselves. 

12, Position to-day. Attempts to whittle away the Report on Commercial Discri- 
mination. 

13. An agreement or convention with Indian leaders to be great'-y preferred to 
a restrictive clause in the Act. A tripartite agreement between Great Britain, India and 
Burma would have great advantages. 

14. Financial Safeguards. The old safeguards stand unimpaired, but were barely 
discussed at the Conference. 

15. General Policy. The fulfilment of the Federal Scheme as outlined at the first 
Conference. Congress and the Federal Chambers attacked it 

16. Defects of Scheme, e.g. (1) Safeguards in connection with Police totally in- 
adequate. (2) The Princes as a stabilising element a doubtful quantity. 

17. British Government's Indian policy must JH> a national policy to avoid 
dangerous reactions when Labour comes into power again. 

18. After the General Election the Government's policy undoubtedly changed. 
Attitude of European representatives to the change. Reasons for their attitude. 

19 The result was a promise of co-operation by 99 per cent, of the Conference 
including Malaviya. Even Gandhi was disposed to join the Standing Committee, but his 
hand has since been forced by his lieutenants. Question now whether saner elements of 
Indian opinion will stand for Conference method or not. 

20. Sir Hubert Carr's speech explained. 

1. We went to London determined to achieve some settlement, it we could, but 
our determination in that regard was tempered by an equal determination that there 
should be no giving way on any essential part of the pd'icy agreed to by] the Associated 
Chambers of Commcice in regard to financial and commercial safeguards and by the 
European Association on general policy. It was obvious to us, and we had it in mind 
throughout the Conference, that the united forces of the Congress, the 1 Hindu Mahasabha 
and the Federated Chambers of Commerce would be directed towards, whittling down the 
safeguards already proposed. It is so frequently stated that, in the effort to maintain a 
good atmosphere, the Conference lost sight of the realities that I think it well to pre- 
face my remarks by stating that in all our talks with our Extreme opponents, your dele- 
gates ' never once ' lost sight of this essential fact. ' 

And furthermore, we are prepared to challenge the closest enquiry into any asser- 
tion that we have given way on any important detail affecting either the position of our 
community or the general policy. 

2. T would first point out the extraordinarily difficult conditions under which the 
Conference was working The avowed object of the Conference was to attain the maxi- 
mum amount of agreement in shaping the lines upon which the new Constitution should 
be formed. We had first of all to pick our way through a maze of backstairs intrigue- 
lobbying is 1 the polite word. The Committees themselves consisted of some forty persons, 
with another seventy to one hundred sitting round the room. There was no opportunity 
therefore for anything like negotiation when you had to shout at a man fifteen or 
twenty yards away. Speeches were ''argely set speeches, voicing set opinions and having 
in the majority of cases no influence 'at all' on the proceedings. It was impossible to 
contradict even a proportion of the misstatemcnts made, and interpolation was not en- 
couraged. If it had been, we should have been there still. 

Those who spoke most' frequently, longest and loudest, did not byf any means carry 
the greatest weight. So in the circumstances we decided to speak as 'a delegation and, 
as far as possible, when we did speak to be definitely constructive. 

3. But in actual fact the Round Table Conference, in addition to ita ' function as 
a veh'cle for recording the constructive and destructive views of the delegates, had a 
second side. It was staged, as part of Great Britain's set policy, to demonstrate to India, 
to the people, of Great Britain, and to the World that Great Britain was prepared to go 
as far as possible in the policy of progression by Conference methods. 

It had a remarkable educative effect upon the people at home. It was surprising to 
see the interest taken in the Indian question by most improbable peopfe and they were 
able, with the help of the Press, to appreciate better than they had ever done before 
how impossible some of the demands were that were put forward. 

4, ff it did nothing else, it showed to the World the constructive vacuity of 
Gandhi's mind. Not only in London, but in Paris and Rome, those who came in touch 
with him found him quite incomprehensible, while in America as a newspaper attraction 



INDIAN LEGISLATIVE ASSEMBLY. 109' 

(b) to (k) Government arc concerned with other parts of the question only in so 
far as they 'relate to, first, the suggestion of bad faith on the part of his Majesty's 
Government as regards the Round Table Conference and their policy of constitutional 

the economic crisis pushed him off the front page entirely. And I suppose that never 
in his life has he been more laughed at or had more bricks thrown at him ' by his own 
countrymen* first on the occasion when he claimed to represent 95 per cent, of India, 
and, secondly, when he in effect claimed the rights as Congress, to examine every man's 
title ,to his own property, whether Indian or European, ' as Congress ' to hale them before 
Judges and, if the Judges gave a decision unpalatable to Congress, to unseat the Judges, 
Not nearly enough has been made in this country of that speech, which was carefully 
edited in the Nationalist Press and which was carefully explained away by Malaviya 
next day. 

5. Not only that, but Gandhi lost enormous prestige with his own followers. 
If you look at the results of this last session, you will see that Gandhi and the Federated 
Chambers are unable to point to a single concession wrung from the British Government 
as the result of their visit to St. James's Palace. Whatever influence he has regained 
since, when he landed in India he "anded with empty hands. 

6. There was another incident too, which did him no good. He undertook to 
settle the Communal problem and failed before all the world, the people who let him 
down 'not' being the minorities but his own Hindu Mahasabha party who openly 
repudiated him on account of their distrust of his intentions. 

The result of the deadlock arising and of the Prime Minister's request to the 
Minorities to try to find the maximum possible agreement was the Minorities Petition 
of Rights or, as it was called, the Minorities Pact. That was largely the woik of Sir 
Hubert Carr and Sir Edgar Wood ; the signatories, namely, the Europeans, Anglo-Indians, 
Moslems, Depressed Classes and Roman Catholics claim to represent 46 per cent, of 
India, and by signing it we made firm friends with the Moslems and showed to the 
Conference that it was possible to attain agreement if people woufM be reasonable, and 
that we would without hesitation stand by our friends. 

7. We were candidly nervous of the reactions. Gandhi announced that the 
would " humble Hubert Carr to the dust." We thought for a while that any agreement 
on commercial rights was doomed. But it did not turn out that way. Although Gandhi 
started on the process of humiliating that very night by telling us tlr.it al 1 Congress 
would grant was a gentleman's agreement with Congress unsigned and undated thai 
attitude did not last long and the real outcome was an increased respect for our dele- 
gation and for the signatories to the Pact. 

8 One word about the Moslems. They were a solid and enthusiastic team; All 
Imam, the Nationalist Moslem, caused no division. They played their curds with great 
skill throughout; they promised us support and they gave it in full measure. In return 
they asked us that we should not forget their economic plight in Bengal and that we 
should, 'without pampering them,' do what we can to find places for them in European 
firms, so that they may have a chance to improve their material position and the general 
standing of their community. It is a request which in my opinion deserves very earnest 
consideration. 

9. It was part of our settled policy a) 1 so patiently to discuss all outstanding points 
of difference between us and our extremist opponents. In these discussions it was our 
endeavour to argue each case strictly on its merits and in my opinion this policy bore 
fruit because, through the closer understanding reached, we were able to achieve a 
measure of agreement that would have been 'quite impossible' without the good-will 
engendered by these discussions. You may say, " Why did you waste your time on 
Congress ?" I would answer, "If you go to a Conference and can convert your greatest 
opponent, you have won the day." We may not have converted them. But after all the 
new Indian delegates went to London mainly to attack the Commercial and Financial 
Safeguards and yet still the Commercial and Financial Safegards seem to stand as firm 
as ever. 

10. Now I will say very little as regards the Commercial Safeguards. There 
are a large number of points of detail which will require thorough discussion. There is 
one most important point of principle. 

The Petition of Rights and the Report on Commercial Discrimination definitely 
place our community in the position of an Indian minority. Now, before we went to 
London. Mr. Walter Page raised the point that we were foolish to accept this position-. 
We should stand purely as a section of the British people happening to be in India. 
I for one certainly did not then see as far as he did. There is much in it, and, in my 
opinion, the subject calls for a lot more earnest thought. 

How, if we are a minority, can we justify special treatment in criminal trials, special 
auxiliary force units, etc., and, above all/ how can we appeal to our ; Home Government 
on any basis other than that afforded to the other Minorities ? 



HO THE INDIAN RECORDER* 

reforms for India and, second, the implication that action was taken against Congress 
not because of their activities but as part of a preconceived plan. In regard to the first* 
I would refer Honourable Member to the statement made by the Prime Minister on 1st 

Shall we, in the long run, gain most by associating ourselves as closely as possible 
with India or by taking our stand 'clear-cut as a section of the British people? 

Our legal advisers tell us the latter is the safer plan. Events have carried us in 
the other direction. Are the two irreconcilable ? I will give no opinion, as the Com- 
munity must examine the position and decide. 

We have also got to decide what is to be our position in the Indian States. The 
States have said that we can have equal rights if we submit to State jurisdiction. I 
wonder what our legal advisers will say to that. 

There are, as I said, many points of detail, some arising directly out of the report, 
some raised by Indian delegates. In due course I expect the various Chambers of 
Commerce and the branches of the European Association will examine these and consider 
the Community's attitude in regard to each. 

11. Meanwhile, it is noteworthy that, of all the Sections of the Round Table 
Report, that dealing with Commercial discrimination is the only one which begins with 
such words as " On this subject the Committee arc glad to be able to record a substantial 
measure of agreement." T should like in this connection to draw attention to the very 
fair-minded manner in which so many of the delegates, both Hindu and Mohammedan, 
supported our just claims in this matter. As in the main we claim that the 'substance* 
of our demands is granted in a very satisfactory manner, that in itself would appear 
to be a subject for some gratification. It is also noteworthy that the question of citizen- 
ship was, at any rate for the time being, effectively disposed of. 

But 'let us be under ' no ' delusion. 

We took the very best legal advice which we could on the subject. We had 
the benefit of invaluable advice from Professor Berridale Keith, Mr. Wilfred Greene, 
Sir John Simon, Lord Reading and all the principal law officers of the Crown, the India 
Office and the Foreign Office. Sometimes it is very conflicting and we had to pick 
our way very carefully; but we are very deeply indebted to all these people, who deserve 
our most hearty thanks. 

All agreed of course that in the Constitution itself we should have the amplest 
safeguards which the brightest legal minds can devise. But I think all also came to the 
conclusion that in the fong run and after the lapse of years no set words however 
carefully drafted could alone save us entirely from administrative discrimination by a 
purely Indian Government provided it was determined to discriminate. That is not my 
view only, or the delegation view, but the view of the best legal brains in England, and 
I think it was the view that the Chamber Committee arrived at after intense study four 
months ago. 

But we delegates afways appreciated and never once lost vsight of the fact that 
the Sanctions or the powers to enforce the safeguard were of equal importance to the 
safeguard itself. It is the power of the Courts and of the Governor-General and 
Governors; it is the constitution of a properly balanced Government with adequately 
staffed services, and above all the maintenance of the British connection which is going 
to see us through. And in this connection it may be of interest that the Prime Minister 
and another member of the Cabinet both stated that the only two things which really 
interested Parliament were the safety and prosperity of their own countrymen in India 
and their trusteeship for the masses. Those two things they woufd never sacrifice. We 
are safe for the present. Nevertheless with all the safeguards and all the sanctions 
that we can devise we shall 20, 30 or 40 years hence more than ever depend upon co-opera- 
tion and upon the power of the purse, and it is largely upon our handling of these 
Reforms questions firmly but justly that our position in India will depend "Forty 
years on." 

12. In spite of the large measure of agreement attained in London among the 
delegates, what is the real position to-day? Again, let there be no delusion. From the 
day the report was noted, some delegates have been steadily trying to whittle it down. 
On landing here I find 'not a little opinion in some Indian commercial circles that the 
Indian delegates agreed to too much. The view is put forward, too,, that when we come 
down finally to brass tacks, Indian opinion will interpret some of the words in quite a 
different way to what we do. In brief, the determination to discriminate by some sections 
still exists and I would refer you to page 6 of ' Capital ' of 7th January. Make no mistake. 
We cannot rest on our oars. Still, in so far as the leaders of Indian Commerce were 
largely represented in London, their objections can be tied down to those points raised 
at the Conference, and they are not necessarily of a deadly nature. But there is still 
grim work ahead of us, 

13. One last word on Commercial Discrimination. Although we may, I believe, be 
satisfied with the substance of the protection rand my belief is endorsed by the fact that 
the British Commercial bodies in Rangoon have endorsed it wholesale for application 



iriftiAM LEGISLATIVE ASSEMBLY, tit 

December last which contains a full enunciation of the policy of His Majesty's Goverrt- 
ment. I would further remind htm of the intensive efforts that have since been made 
and are now being made to expedite the progress of the reforms. I would also refer 

to Burma the method of a protective clause is without doubt, inferior to a definite 
agreement or convention, 'if the latter can be secured. A clause to cover everything 
must be immense and unwieldy and a clause cannot cover reciprocity. Also the senti- 
ment of Indians even of the best type revolts against a restrictive clause and favours 
an agreement. It is my deep conviction that we shall do well to press 911 with our 
demand for this agreement and I do not think it is impossible to attain. Possibly* the 
Standing Committee to sit will afford us an avenue for detailed negotiation and 
settlement. . ' ! ' ' 

And what is more, I am sure that wo nmt be earned back to our old idea of a 
tripartite agreement between India, Burma and Great Britain for tactical reasons if for 
no other. Mr. Haji, he of the Haji Bill, in London demanded a guarantee that there* 
would be ho, discrimination against Indians in Burma. Mr. S. N. Haji said that Indians 
wanted a guarantee that there would be no discrimination. He urged that separate 
electorates should not be changed without their consent, and also asked that a member 
of a minority community should have the right of judicial appeal, with final appeal to 
Britain, against a decision of the executive which lie believed deprived him of any right 
safeguard to him under the constitution. That, 'to my mind, coming from him of all 
people, is a beautiful piece of irony. 1 do not see that if a tripartite agreement were 
under negotiation how he or his colleagues could possibly oppose our claims. This little 
incident seems to point a clear course to us. 

14. I will say nothing much about Financial Safeguards. Briefly, the old ones, 
stand unimpaired. But Indian opinion is not satisfied because discussion was barely 
allowed owing to the financial crisis. There was considerable agreement that an ultimate 
solution ' lies along the lines of the Statutory Finance Council, we are committed to that 
idea but we are 'entirely free' as to the details. 1 The problem boils down to a financial 
one, how is India to find the money which she needs in the near future or to start 
her Reserve Bank if she is not to be linked with Br.tish credit ? How is that partner- 
ship to be created and cemented ? It is so doinonstrably ' in the intcre sts of India' that 
these safeguards should exist that we have as a matter of fact undertaken to try to 
get out a paper to prove to certain Indian delegates that they are so. There is no 
reason to be despondent of reaching agreement, which is so much more valuable than 
imposition, for at one stage after prolonged private discussion we induced even Gandhi 
to draft a safeguard of sorts, which was accepted by the Federal Chambers represen- 
tatives. But there is plenty of work for our community to thrust home by hard argument 
this truism that financial safeguards are in the interests of India. 

15. With regard to the general pd'icy followed, the main plank of our platform 
was the fulfilment of the Federal Scheme of the previous session, no more and no 
less. It was certain that Congress and the Federated Chambers would attack the scheme, 
and in particular Commercial and Financial Safeguards, and so it turned out. 

16. The scheme of course was barely sketched at the previous session. It has 
defects; many of them still exist. For instance, and this needs the most vigorous 
examination by our community, the Police Safeguards are 'total ly inadequate ' as they 
stand. Also it is by no means certain that the Princes will be quite that stabilising 
element which they were hoped to be The Princes who will rush into Federation are 
the Congress-minded Princes and they will come increasingly under Congress influence 
once they come in. The Conservative Princes may stay out and may indeed be the 
real source of strength. Until they come in, their vacant scats should be filled by the 
Crown by virtue of its paramountcy. . . 

17. But on the whole there was only one policy for the British Nation and the 
British Community in India, and that was to make np our minds on a national policy 
and to stick to it. A policy which fluctuates according to whether a Conservative or 
Labour Government is in force is fatal, though it is as well to-day to remember that 
in five years' time we may once again have a Labour Government and the reversal of 
opinion may be just as violent as last year. The Labour Party machine is not broken, 
and harbours the bitterest of feelings. . 

When we arrived home the Federal Plan was the policy of the National Govern- 
ment, and the work of the Conference was to fill out the details and to resist any 
whittling down of safeguards. It was a sound policy, and one which would have the 
backing of all except some of the new delegates. 

18. For six or eight weeks the work went on : the Central Legislatures, Federal 
Finance, the Supreme Court and the Minorities occupied the time amid financial crises 
and a general election. . 

But as the result of the election the policy 'undoubtedly' changed. The right wing of 
the new Government made up its mind to break up the Conference and to fight Congress. 
The Moslems, who do not want Central Responsibility, were delighted. Government 



U2 THE INDIAN RECORDER. 

him to the statement issued by His Majesty's Government on March 19th, 1932 and to 
the speech made by the Secretary of, State in the House of Commons on March 24th, 
1932. These contain a complete refutation of the first suggestion. In regard to the 

undoubtedly changed their policy and tried to get away with Provincial autonomy with 
a 'promise' of Central Reform. 

What line were we to take ? 

We had made up our minds before this that a fight with Congress was inevitable, 
we felt and said that the sooner it came the better, but we made up our minds that foi 
a crushing success we should have all possible friends on our side. 

The Moslems were all right; the Pact and Government's general attitude ensured 
that, so were the Princes and the Minorities. 

The important thing to us scemecj to be to carry the Hindu in the street as repre- 
sented by such people as Sapru, Jayakar, Patro and others. If we could not get them 
to fight Congress, we could at least ensure that they would not back Congress, and that 
by the one simple method of leaving no doubt in their minds that there was to be no 
going back on the Federal Scheme, which broadly was also the accepted policy of the 
European community. 

We acted accordingly. 

We pressed upon Government that the one essential earnest of good faith which 
would satify these people was to undertake to bring in the Provincial and Central Con- 
stitutions in one Act Provincial autonomy could not be forced upon India the Moslems 
alone could not work it. Congress Provinces facing a British Centre present grave 
practical difficulties; each Province would be a Calcutta Corporation on its own. 

But schemes for Provincial autonomy could be ready in a few months; Federation 
if hurried on to the ( nth must take two or three years, some say five to eight. If Provincial 
autonomy were ready, all waiting in the pigeon hole, there was little doubt that Madras, 
for instance, seeing Federation still far off, would demand immediate Provincial auto- 
nomy; that would be the beginning and the result which you could not force wouM 
be brought about by natural circumstances. But if you back this policy you must visualise 
and decide clearly how responsible Provinces, autonomous in their own sphere, are going 
to work transitionally with an autocratic centre. Remember that Gandhi himself at one 
time supported Provincial Autonomy ori'y of a kind, as a means of bringing to a dead- 
lock all relations with the Central Government. 

19. So we joined with strange companions; Government saw the arguments; and 
the Conference, instead of breaking up in disorder with 100 per cent, of Hindu political 
India against us, ended in promises of co-operation by 99 per cent, of the Conference, 
including even such people as Malaviya, while Gandhi himself was disposed to join the 
Standing Committee. But Gandhi's (lieutenants in India proved too fast and jumped 
Him To-day the work of the Conference seems wasted and the question of the hour is 
whether the saner elements of Indian opinion will stand behind Government for Con- 
ference methods. The Key lies in the hands of India's leaders but i they open the 
door, we must stand by to give it a push. 

20. In conclusion, I understand on return here that a good deal of feeling was 
caused by a condensed report of Cart's final speech, a speech fully approved of course 
by all of us 

There is a saying, "Never explain . your friends don't need it, your enemies won't 
believe it." 

But I stand here also to back a man who is not there to defend himself. To begin 
with, he only happened to be the spokesman. He is also a man who has unostentatiously 
and devotedly given of his best to our community, and as for his ability there is no 
man who better understands all the intricacies of our community's commercial and 
general position or who more stoutly defends them, or who better keeps his head. I 
may sum up tny own opinion by saying, that if for any reason one delegate alone were 
to represent us, I would be perfectly content that the interests which I represent should 
rest in his hands alone. 

Let us see what he actually said 

"We should much prefer provincial autonomy instituted previously to any change 
in the centre, or even before it is decided on at the centre. We realise, however, while 
deploring it, that there is not sufficient confidence existing between India and Britain 
to-day, for India tor be content with, merely provincial autonomy and a declared intention 
of development at the centre. We are therefore united without feflow delegates in 
demanding that the whole framework of federation and provincial autonomy shall be 
determined at the same time. (Hear, Hear). We earnestly hope that provincial auto- 
nomy will be introduced province by province, the varying needs of each recognised in 
its constitution." 

The word "determined 1 ' means solelv that both the Federal Scheme and the 
Provincial Scheme shall be dealt with in one Act. The details and the time scale are 
entirely separate matters for discussion and decision. In that reading there is no> differ- 



INDIAN LEGISLATIVE ASSEMBLY. Ill 

second, there is no foundation whatsoever for the suggestion that the action taken against 
Congress was not determine'd solely and entirely by the situation created in India and 
particularly in the United Provinces and the North-West Frontier Province by their acti- 

ence from the policy laidj down on page 3 of the Memorandum of Policy of the European 
Association. 

There was no ambiguity either as to the meaning or the motive at the time. 
Looking back, to be absolutely explicit, it might have been wise after the word "there- 
fore " to have added " and because it is our conviction that it is the right course " so 
as to make it clear here, 6,000 miles away, that there was no question of concession to 
clamoui. 

And if any further justification for the wisdom of that view-point and that action 
is necessary, let me read for close comparison the relevant passage from the Prime 
Minister's White Paper. 

"The adjustments and modifications of the powers now exercised by the Central 
Government which would obviously have to be made in order to give real self-government 
to the Provinces should raise no insuperable difficulties. It has, therefore, been pressed 
upon the Government that the surest and speediest route to Federation would be to get 
these measures in train forthwith, and not to delay the assumption of fuH responsibility 
by the Provinces a day longer than is necessary. But it is clear that a partial advance 
does not commend itself to you. You have indicated your desire that no change should 
be 'made in the Constitution which ib not effected by one all-embracing Statute covering 
the whole field, and His Majesty's Government have no intention of urging a responsi- 
bility which, for whatever reasons, is considered at the moment premature or ill-advised. 
It may be that opinion and circumstances, will change, and it is not necessary here and 
and nuw to take any irrevocable decision." 

The two statements are paraphrases of each other (I admit that the Prime Minister's 
was the better;) but the latter statement subsequently had the endorsement of His 
Majesty's Government and of both Houses of Parliament, including that of such men 
as Sir Samuel Hoare, Lord Hailsham and Sir John Simon. If therefore we erred, it 
must be admitted that we erred in good company. 

We draw members' attention to the following points: 

1. The Minorities Pact has produced a large measure of unity amongst the 
minorities. 

2. The Moslems have become firm allies of the Europeans. 

3. The success of the Federal scheme depends on the support of a majority of all 
communities. Neither Provincial Autonomy nor Federation could work in the face of 
100 per cent Hindu opposition. The extreme Hindus, i.e., Congress, Hindu Mahasabha, 
and Federated Chambers of Commerce, are irreconcilable, but 'there are Hindus whose 
support it is worth trying to secure in the hope that they will eventually form the nucleus 
of strong moderate parties. 

4. It is essential to decide whether we are to be treated as a minority community 
or as representatives of the British in India. The latter course appears to be more 
desirable as it would, apart from other considerations, enable us more easily to call upon 
the Imperial Government for support. It must be recognised, however, that such an 
attitude has disadvantages ; it might lead to dangerous isolation. The Minorities Pact 
has led away from rather than towards such a position, as it commits us as a minority. 

5. Although Provincial Autonomy may be introduced rapidly where provincial 
conditions admit, the granting of any tangible measure of responsibility at the Centre 
will depend chiefly upon the success of the Provinces in, working Autonomy. It wilkbe 
remembered, however, that Gandhi was prepared to accept Provincial Autonomy of a kind 
without any advance at the Centre, because he proposed that the autonomous provinces 
shoul'd paralyse the autocratic Central Government. To guard against this danger, it 
beems as though some modifications at the Centre will be essential, and it remains to 
be seen whether these modifications can be, made without any real transfer of power. It 
must be our aim to secure that the, transfer of power only takes place after everything 
else has been dealt with. 

6. Throughout his statement Mr. Benthall refers to Financial Safeguards and 
Commercial Safeguards. These are shortly as follows: 

FINANCIAL - SAFEGUARDS 

(a) The formation of a small Finance Council to advise the Finance Member and 
the Governor-General in regard to finance, (b) Formation of non-poetical Reserve Bank, 
(c) Strong Upper Chamber, (d) Consolidated Fund to meet loan, salaries and other 
charges guaranteed by Secretary of State. 

COMMERCIAL SAFEGUARDS 

(a) The European Delegation demanded a commercial convention to cover every 
outstanding point, but owing to difficulties raised in London this matter still remains 
unsettled. Meanwhile it is proposed that there shall be a guarantee under the Act 

15 



114 THE INDIAN RECORDER. 

vitics. In this connection I would refer Honourable Member to the statements issued 
by the Government of the United Provinces on 14th December, 1931, by the Chief Com- 
mrssjoner of the North-West Frontier Province on the 24th and 30th December, 1931 and 
by the Government of India on 4th January, 1932. 

to safeguard the rights of property and the rights of British Commerce. (b) European 
demands for safeguards for personal rights including trial by jury, are secured under 
the Minorities Pact, (c) Power in hands of Viceroy and Governors to reserve bills for 
the sanction of Parliament (this- would cover every class of discriminatory bill), (d) Right 
of appeal to the Privy Council. 

We think that the result of the Conference may be summarised shortly as follows: 

The European Delegation has succeeded, in impressing upon the British Govern- 
ment, the absolute necessity for pur essential safeguards, though it experienced a good 
many difficulties in doing so. Furthermore, these safeguards have been accepted by 
the Moslems and the moderate Hindus, and even the extremists have been less strongly 
opposed to them than heretofore. On the other hand, the extremists are clearly deter- 
mined on de facto discrimination. 

The Moslems are very satisfied with their own position, and are prepared to work 
with us in the future on a basis of mutual support, and there is some hope that the 
moderate Hindus will do the same if they realise that Government at last means what 
it says and stands firm, On the other hand it must be remembered that the moderates 
are at present without any following whatsoever. 

As against this, the actual scheme of reforms is very vague indeed and a great 
deal of work has still to be clone more, if anything, than that already accomplished. For 
this reason it is essential that European opinion should be well organised and well 
informed during the next few years. It is most important to bear in mind the point 
raised by Mr Benthall that there may be a political landslide in the opposite direction 
at Home in five years' time, i.e., we may again have a Labour Government. The right 
policy therefore seems to be that followed by the European representatives at the Con- 
ference. If we merely adopt an 'intransigent non-possumus' attitude we may in five years' 
time find ourselves thrown to the wolves by an extreme Socialist Government. If, on 
the other hand, in the course of the next five years parts at' least of the scheme are 
worked out by the National Government and agreed upon by Indians, it will be very 
difficult for a Socialist Government to upset those agreements. Judging by what Mr. 
Benthall says, it may be possible to secure a commercial convention within five years. 
A poficy which swings violently from extreme to extreme will be fatal alike to our special 
inteiests and to the peace of the country. 

We should like to see the following points secured: 

1. The measure of responsibility at the Centre must depend, among other things, 
upon the success of Provincial Autonomy after a fair trial, and there must be m> attempt 
at an immediate grant of Central Responsibility. 

2. The position of the Central Government must be strengthened in order tu 
prevent any possibility of open defiance of the Central Government by the 1 Provinces, 
and no inauguration of Provincial Autonomy can be contemplated till this strengthening 
has been achieved. 

3. Each Province must be given ample time to settle its own problems, and its 
participation in any scheme of federation should, wo believe, depend upon the voluntary 
settlement of those problems. 

4. Any attempt at an increase in the rate of Indiamsation of the Services, parti- 
cularly the I. C. S. and the Police, must be strongly opposed. 

5. So far as possible the railways and ports must be removed from political control. 

6. Voluntary settlement of the communal problem is an essential prelude even to 
Provincial Autonomy. If an imposed settlement has ultimately to be made it would 
not embrace anything approaching complete Provincial Autonomy. 

In this summary we have assumed that the great majority of members are in 
agreement with the principle that reform of some kind must be introduced. We are 
aware that a certain proportion of Europeans arc opposed to any advance whatsoever. 
We would remind all such that the present system of Government is as weak and cum- 
bersome that it is positively dangerous to afiow it to continue. Dyarchy has heavily 
loaded the dice in favour of the Hindu and sets a premium on unconstitutional agitation 
and has made it extremely difficult for the Central Government to act forcefully and 
quickly except under special ordinances. 

It must not, however, be supposed that when we agree that reforms are necessary, 
we advocate democratic reform in every province. 

All we mean is such change in the system of Government as will in time prove its 
efficiency. 

Printed by W. H. Armour, at the Ganges Printing Company, Limited, at Sibpur, 
Howrah, and published by D. W. Mullock, on behalf of the Royalists, at 17 Stephen 
Court, Calcutta. 



INDIAN LEGISLATIVE ASSEMBLY. 115 

Following the answers of Sir George Rainy there was a series of 
supplementary questions : 

Mr. Joshi wanted to know how the policy of the Government changed after the 
elections in England. 

Sir George Rainy : " I sec no obligation resting on Government to explain circulars 
attributed to particular private individuals." 

Mr Neogy asked what responsibility the Government of India had in the selection 
of Mr. Berithall to the Round Table Conference. 

Sir George Rainy: "Selection is made by His Majesty's Government and not by 
the Government of India." 

Mr. Neogy: "Will the Government of India represent to His Majesty's Govern- 
ment that Mr. Benthall has misrepresented the objects with which the Government at 
home is actuated in regard to the reforms?" 

Sir George Rainy: "You are assuming that Government have any knowledge 
whether this article correctly ascribes a certain portion to Mr. Benthall. Government 
have no such knowledge." 

Mr. Neogy: "Then will the Government of India ask the Government in England 
to write to Mr. Benthall ? " 

Sir G Rainy: "We see no reason for taking any such action." 

Mr. Neogy: "Am I to understand that the answers to this question are being 
given without reference to His Majesty's Government ? " 

Sir George Rainy : " No disclosures are ever made as regards communication 
between the Government of India and His Majesty's Government." 

Sardar Sant Singh : " Is it a fact that Mr. Benthall, as he says, consulted the 
best legal opinion of the law officers of the crown, of the India Office and of the Foreign 
Office ? Who pays the counsel India or the Home Government ? " 

Sir George Rainy : "I have no information." 

Mr. Navalrai: "Who is this Mullock who has subscribed to Mr. Benthall's article?" 

Sir George Kainy: "No idea." 

Mr Biswas: "Is it not a fact that a refusal to supply answers is more eloquent 
than the reply given?" 

CENSURE MOTION A MATTER OF URGENT PUBLIC IMPORTANCE 

Reverting to the business on April 1, 1932, after the President had 
informed the House of the two adjournment motions, Sir George Rainy 
pointed out that as regards the first it was not a matter of urgent importance 
within the meaning of the, Standing Order. When, in the course of a '.series 
of supplementary questions the day before, he was asked a question suggest- 
ing the release of Mr. Gandhi, he did not raise any objection on the ground 
that it was out of order because he thought that the policy of the Govern- 
ment was well known to the House. That policy remained unchanged. 
There was, therefore, no new element in the situation. 

Mr. Harbans Singh Brar maintained that it was an urgent matter as 
it arose out of the answers of the day before. 

Mr. C. S. Ranga Iyer said that the object of the motion was to discuss 
the Government's attitude in proceeding with the reforms in the light ol 
Mr. E. C. Benthall's circular and with Mr. Gandhi in jail. 

The President held that the motion was on a matter of urgent public 
importance but, he said, itt was for the House to decide whether discussion 
should be on thd single point raised by Mr. Harbans Singh or on the general 
question of Mr. Raju. More than 25 members stood up for' the first motion. 

MR. BRAR MOVES CENSURE MOTION 

Mr. Harbans Singh Brar moved : " The House do now adjourn to 
discuss the unsatisfactory reply of the Government that would expedite 
reforms with Mr. Gandhi in jail." The mover said that so long as repression 
continued reforms would not be acceptable to a majority of Indians, and 
even if they were put into force, they would never work. He referred to 
Mr. Benthall's statement from which, he said, it appeared that there was a 
serious conspiracy to put Mr. Gandhi in jail and to prevent India from 
getting real responsibility. 



116 THE INDIAN RECORDER. 

DEBATE ON THE MOTION 

Mr. B. Das said that when Mr. Gandhi was arrested the public suspected 
that there was some conspiracy behind it in England and India. Mr. 
Benthall's statement had proved it. The President asked the speaker not 
to refer to the circular but to confine himself to the motion. Mr. Das 
continued that it was apparent that while Mr. Gandhi was carrying 
on negotiations, plans for his arrest and for fighting the Congress were being 
laid deep. He would rather have the reforms postponed and let the Diehards 
have their way. He was indignant at Mr. Benthall's remarks about 
Mr. Gandhi's constructive vacuity of mind when Mr. Gandhi was so much 
respected by his countrymen as a perfect and super-man. He also charac- 
terised as false the statement that Mr. Gandhi and the Federation of Indian 
Chambers of Commerce were all allied to down the British commercial 
interests. He added that, without peace with Mr. Gandhi, no progress was 
possible. 

Mr. Arthur Moore commented on the fact that Government was to be 
censured for its earnestness in hastening reforms. (Laughter.) Mr. B. Das had 
censured them for conspiracy as disclosed by Mr. Benthall's circular, although 
that circular had been issued by the Royalists' Association. The member 
had not completed the sentence' when he was stopped by the President who 
reminded him that the circular could not be discussed. The motion, the 
President explained, was to censure the Government because they were 
keeping Mr. Gandhi in jail and hurrying the reforms so that the reforms 
required by Indian may not be conceded. The accused was the Government. 
Mr. Moore then said that Mr. Benthall had communicated to him that 
the circular was accurate in substance and that it was in no sense secret. 
Mr. Moore was proceeding when the President reminded him also that he 
could not allow the circular to be discussed. Mr. Moore replied that he 
wished to repudiate, the charges made by Mr. B. Das but resumed his seat 
in view of the President's ruling. 

Mr. Sitarama Raju said he was not a Congressman nor did he entirely 
accept their programme. Still he thought that if there was to be a 
satisfactory solution acceptable to all, it could only be 'obtained by the 
co-operation of all progressive parties in the country. 

Haji Abdulla Haroon, opposing the motion, said that any Government 
worth the name would have acted in the same manner as the Government of 
India had done in the face of the ultimatum issued 1 by Mr. Gandhi soon after 
his return to India from the Round Table Conference. No one would object 
to the proposal of Mr. Raju that the co-operation of all parties should be 
secured for solving India's problem. If the Government had kept quiet and 
had made no effort to give reforms, even then the same members who had 
raised the question to-day would say that the Government were not 
enthusiastic about reforms for India. 

Mr. B. V. Jadhav, supporting the motion, sympathised with Government 
members in their position of " mere puppets " in the hands of the " great 
Moghul " at Whitehall. Events during the past ten years, he went on, had 
been undermining what little trust the people had in the Government. A 
great revolution had occurred in England by which Conservatives and " Die 
hards" had seized office, and since then a deep-laid conspiracy had been 
hatched to suppress the Congress movement. When the delegates to the 
Round Table Conference were hearing the Premier's statement, there were 
communications between the Home and India Governments to take severe 
steps to suppress the Congress. He had promised in England that when he 
returned to India, he would educate public opinion about the good intentions 
of the Government but events in this country read in the light of Mr, 



INDIAN LEGISLATIVE ASSEMBLY. U7 

Benthall's statement had completely shattered his hopes and he had been 
disillusioned about the bona fides of the British Government's intentions 
towards India. In whatever way the reforms were framed, he had grave 
doubts whether they would be workable with popular leaders in jail. 

SIR GEORGE RAINY OPPOSES THE MOTION 

Sir George Rainy, on behalf of the Government, opposed the censure 
motion. Was it the intention of the Opposition, he asked, that there should 
be no expediting* of reforms and that Congressmen should continue in jail? 
The Government's was a dual policy; to put down the lawless movement and 
accelerate the reforms. The Government knew full well that it was no use 
proceeding with constitutional reforms with Congressmen in jail and that was 
the reason for the Delhi Pact. Then there was the Round Table Conference 
in which the Congress participated. But what happened was known to all. 
The situation in the United Provinces and the Frontier compelled 
immediate action on the part of the Government. The Government would 
have failed in their duty if they had not taken the action they did. They 
were reluctant to take it but they were compelled by force of the cir- 
cumstances in the United Provinces and the Frontier to take it. If they 
had n6t done so, there would have been a catastrophe in which the whole 
country might have been involved. Continuing, Sir George Rainy, on 
behalf of the Government, strongly repudiated any allegation that their 
action in attempting to put down the pernicious activities of the Congress 
was influenced in any way by anything that passed in London. As Lord 
Willingdon stated in his opening speech in the Assembly, the Government 
were determined to see that no revolutionary activities hampered the work 
of reforms. If Congressmen were released now, what guarantee was there 
that their release would not lead to a revival of those subversive activities 
which very nearly brought India to the brink of a catastrophe and that 
India would not be landed back in a worse condition ? Concluding, Sir 
George Rainy struck a personal note on this subject and said that he. was 
not and would not be a party which would seriously injury India's cause. 

DEBATE CONTINUES 

Mr. C. S. Ranga Iyer agreed that Sir George Rainy was sincere towards 
India but what was the use ofl his or any other Member of the Government's 
being sincere when they belonging to the subordinate branch of the British 
administration were ordered by Whitehall to act otherwise? What Sir 
George Rainy did last year in bringing about the Delhi Pact had been broken 
by Sir Samuel Hoare into a policy of expediting reforms and suppressing 
Mr. Gandhi and the Congress, as was borne out by Mr. Benthall's letter, 

Mr. Arthur Moore objected to the reference to Mr. Benthall's letter 
which had been excluded from the discussion. 

Mr. Ranga Iyer said he had greater authority than Mr. Benthall. It was 
Mr. Winston Churchill and Sir Samuel Hoare. 

Mr. Arthur Moore again objected to Mr. Ranga Iyer's labouring the 
same point as Mr. B. Das in suggesting that there was a change of policy 
after the elections, when, as a matter of fact, a Conservative Government 
carried on the policy of a Socialist Government. 

The President pointed out that without directly referring to Mr. 
Benthall's letter, it was open to any member to suggest that the reason for 
Mr. Gandhi's being in jail was the change of Government in Britain after the 
elections in England. 

Mr. Ranga Iyer, proceeding, affirmed that what India wanted was 
unmitigated reforms, besides the withdrawal of the " repressive policy." 
How could they expect that when Mr. Gandhi, who was worshipped by the 



US THE INDIAN RECORDER. 

people, was refused an interview by the Viceroy under dictation from 
Whitehall ? 

Sir George Rainy challenged this statement. 

Mr. Ranga Iyer advised the Government to regard Mr. Gandhi as the 
leader of the right wing. 

Mr. S. C. Mitra opposed the motion, because the country had not 
suffered much as to compel Government to yield to the popular opinion. 

A Voice : W hen wil1 that be ? 

Mr. Gandhi, continued Mr. Mitra, wanted complete Dominion Status 
and this the Government would not give. Mere provincial autonomy even 
with partial element of responsibility in the Centre would not satisfy the 
public. 

DEMAND FOR CLOSURE 

At this stage repeated demands were made for the closure and the 
President put the closure motion to the vote. There were 48 for it and 34 
against. Fifteen members, belonging to the Independents and the Central 
Moslems, were neutral; Mr. Amar Nath Dutt, accompanied by Mr. Harbans 
Singh, Sardar Sant Singh, Mr. K. C. Neogy and Mr. Gunjal walked out. 

MOTION LOST 

There was no mover to reply to the debate. The censure motion was 
lost without division. 

CLASSIFICATION OF PRISONERS 

Answering Mr. Ranga Iyer regarding the classification as prisoners of 
ex-M. L. A.'s convicted in connection with civil disobedience. Mr. Haig said 
that there had been no correspondence or general question between the 
Government of India and Local Governments. The Government of India 
ascertained the facts in a particular case from one local Government. The 
classification of convicted persons depended partly on the nature of the 
offence and partly on the mode of living as determined by social status, 
education and habit of living. Generally, the classification was the function 
of the courts subject to the confirmation and review by the local Government 
concerned. Hence it would be inadvisable to issue general instruction that 
they be treated as "A" class < prisoners. "Rut he felt no doubt that the fact 
that a person had been a member of the Indian Legislature or local 
Legislature was taken into consideration with other facts by the courts and 
by local Governments. No instruction had been issued or were under con- 
templation to give "A" class to ladies convicted in connection with the civil 
disobedience 4 movement since that would be contrary to the principles which 
governed the classification of convicted persons. 

Mr. Haig was then bombarded with supplementaries. 

Mr. Ranga Iyer suggested separate classification as political prisoners. 

Mr. Haig said it was not possible to establish such classification. 

Mr. Ranga Iyer then suggested a committee to enquire into the dis- 
advantages of mixing up all prisoners together. 

The Home Member expressed inability to accede to the request. 

Mr. B. Das alluded to the case of Mr. Dwarka Prasad Misra, ex-M.L.A., 
who was given "B" class. 

Mr. Haig said on this matter the Government of India already had 
correspondence with the C. P. Government and there was no use pursuing 
the matter. 

SUGAR INDUSTRY PROTECTION BILL 

Resuming the discussions on the Sugar Industry Protection Bill, 
Sir George Rainy explained the salient features of the changes made by the 



INDIAN LEGISLATIVE ASSEMBLY. 119 

Select Committee and pointed out that the industry would be protected until 
March, 1946, and that until 1938 the basic duty of Rs. 7-4 per cwt. would be 
maintained. Thereafter there would be an inquiry not to decide whether 
there should be protection but to decide the rate at which protective duty 
should be fixed. Meanwhile, if there were any changes in prices at which 
imported sugar was sold which would impair the effect of the protection 
now proposed, the Government would increase the duty to the extent 
justified. 

Mr. E. F. Sykes moved an amendment ior postponement of the Bill 
until the September session of the Assembly. He explained that it had not 
been possible to obtain the opinions of gur manufacturers in the short interval 
between reference of the Bill to a Select Committee and its consideration by 
that Committee. Even up to to-day, he said, the opinions of gur manufactur- 
ers, who were principally concerned, had not been sufficiently obtained to 
enable a decisive view being taken. 

The high rate of duty on sugar, he went on, had led to a decrease in 
consumption, which in certain cases was made up by the fall in prices. 
Already there was an effective protection in the Finance Act, together with 
a surcharge of 25 per cent. Therefore nothing would be lost by postponing 
consideration of; the measure until the September session. 

Further consideration of the Bill was then deferred for the following 
day. 

FOREIGN RELATIONS BILL 

The debate on the Foreign Relations Bill was resumed next. It may be 
recalled here that the Foreign Relations Bill was first introduced in the last 
September Session of the Assembly. The object of the Bill was to prevent 
the publication of statements likely to promote unfriendly relations between 
the Government and Foreign States. The Bill was referred to a Select 
Committee which amended the substantive clause so as to bring the offence 
under chapter 21 of the Indian Penal Code (defamation) and denned the 
persons, whose defamation would come within its scope as a ruler of a 
State but adjoining India or a member of the family or a minister of such 
ruler. The Bill as emerged from the Select Committee was placed for con- 
sideration before the Assembly on March 31, 1932. The debate on that date 
is given below for reference: 

PROCEEDINGS ON MARCH 31, 1932. 

Sir Evelyn Howell, moving the consideration of the Foreign Relations Kill as it 
emerged from the Select Committee, said that in September there was a consensus of 
opinion in the House that Government should take an early opportunity of stamping 
out libel on Foreign States. Personally he would have preferred the^ preamble of the 
Bill in the original form, but he accepted the change made in the Select Committee 
provided it was understood that the whole Bill was not rendered nugatory by making 
it impossible for any prosecution ever to succeed because he wished to emphasise that 
there was a real danger. Its scope was now confined to defamatory articles against the 
Rulers of a certain small number of States whose territories adjoin the land in the 
frontiers of India and certain persons in close connection with those Rulers either as 
members of their family or as principal Ministers of their Government. It placed the 
Rulers of these States on precisely the same footing regarding defamatory articles as 
private British subjects except that the Governor-General would take action on their 
behalf. In respect of penal code and procedure, the offence falls within the established 
code and the procedure with a small exception, that whereas in the penal code it could 
be only simple imprisonment, here it might be either simple or rigorous. With this 
exception, the Bill was in general conformity with the principles of the English Common 
Law, and Statutes resembling it were enforced in nearly all civilised parts of the world. 

Motion for Circulation. 

Dr. Ziauddin Ahmed moved that the Bill, as reported by the Select Committee, 
be circulated for opinion by first August. He referred to Sir George Rainy's promise 



120 THE IND'IAN RECORDER. 

on the last occasion that if the Bill was referred to a Select Committee then it would 
be circulated by executive order for opinion. 

Sir Lancelot Graham and Sir Evelyn Howell informed Dr. Ziauddin Ahmed that 
this precisely had been done and the opinions received from High Court, and Bar 
Associations were placed before the Committee. 

Dr. Ziauddin Ahmed: I want to know if it was circulated to the public ? 

A voice- You mean all 350 millions of people, (Laughter), 

Proceeding, Dr. Ziauddin Ahmed agreed that the Bill, as it emerged from the 
Committee, was a very much modified one, but he wanted to know from the Foreign 
Secretary whether a person who criticises the ruler of an adjoining territory for any 
action taken by him in respect of Muslim religion would be proceeded against. What- 
ever be the reply. Dr. Ziauddin though that the bill at this juncture would create a 
wrong impression in the public mind that the Government were out to muzzle the press 
and the public. 

The Debate. 

Sir Abdur Rahim supported the circulation motion of Dr. Ziauddin because the 
Bill, as it had emerged from the Select Committee, was a different one from the Bill 
introduced and created a new offence which could not be discussed fully at the fag 
end of the session. If they wanted a Bill of tins character then they must limit it to 
cases of defamation. The Penal Code was comprehensive enough to take cognisance 
of any such offence The framers of the Penal Code, who had received encomiums of 
jurisdical part of the world, had deliberately refrained from including any such provision 
as was now sought. It was difficult to define defamation when it was particularly 
against the Rulers in the East (laughter). Dr. Ziauddin's speech indicated that only 
the Muslims in India would be affected. But that was not so. Most of the Rulers of 
the adjoining territories were Muslims and therefore it was likely that Hindus might 
be the accused persons rather than Muslims. 

Dcwan Bahadur Harbilas Sarda supported recirculation because it was a wide 
measure. 

Mr. Sitarama Raju said that the Bill was neither fish nor flesh nor good red 
herring. It was neither in accordance with the practices of civilised countries nor in 
consonance with the international law The House had from the beginning been oppos- 
ed to the principle of the Bill which was not legal but political. 

Mr. Ranga Iyer was opposed to recirculation because the present Bill was a great 
improvement on its predecessor. If any further improvement was needed it could be 
made on the floor of the House. He did not commit the nationalists by his views. 

Mr. Yamin Khan said that no religious objection could be taken to the Bill which 
had been considerably modified. 

Syed Murtaza said that the liberty of the press was already curtailed and this 
would take it away further. 

Mr. N. N. Anklesaria said that the English law penalised such writings and was 
not obsolete as the last prosecution in England took place in 1905 and not a century 
ago as Mr. Raju had stated. 

Mr. Gayaprasad Singh said that he, as a member of the Select Committee, was a 
party to removing most of the objectionable features of the Bill. If they had committed 
a mistake, he would gladly change opinion but thought that no purpose could be, served 
by recirculation. 

Ahmed Shah Nawaz, speaking from the point of view, of the Frontier Province, 
emphasised that such a Bill was most vital for maintaining friendly relations with 
neighbours. 

Mr. Lalchand Navalrat explained that opinions, promised by the Government, had 
been obtained and spoke at length on the various objectionable provisions of the Bill 
and how changes had been made by the Select Committee. 

Mr. Sadiq Hassan said that Government were becoming daily more and more 
irresponsible and desirous of curtailing liberties through such absurd measures. This 
was possible only because the best element in- the country was non-co-operating with the 
Government. 

A voice* "We arc quite representative." 

Mr. Sadiq Hassan said that if Radicals had stood, they would have little chance. 
At any rate if Radicals had been there, Government would have felt restrained in bringing 
forward such silly measures. 

Foreign Secretary's Reply. 

Sir Evelyn Howell, replying on the debate, said no technical or constitutional reasons 
had been given to justify the need for further circulation. He assured the House that there 
was a real need for the measure. He gave instances of how the Foreign Relations 
Ordinance promulgated last year enabled Government to have the "Zamindar" of Lahore 
convicted thrice and its Editors imprisoned, how the "Kesari" apologised, and the 
people and the Afghanistan newspapers were punished. The result was that since the 



INDIAN LEGISLATIVE ASSEMBLY. Ml 

Ordinance terminated newspapers had been quiescent, but that was because Government 
had taken firm steps at once to stop this mischief. He assured Sir Abdur Rahim, that the 
Bill did not create a new offence. " It does nothing but make a slight alteration of the 
procedure whereby persons hitherto debarred from access to our courts can have a 
remedy which the law provides for all and sundry." As regards Aden and the small 
protectorates, he was prepared to meet Sir Abdur's objection by omitting Aden from 
the list if such an amendment was moved. Continuing, the Foreign Secretary said Mr, 
Raju had quoted from writings of an obscure writer in England in 1904 who suggested 
wiping off the German fleet and that from that day the German Emperor was angry, 
but the British Government took no action. Sir Evelyn Howell commented, " I submit 
that if that writer had been muzzled, the Great War might perhaps have been deferred." 
(Hear, hear and laughter.) Sir Evelyn Howell said a speaker had quoted from a civilian's 
opinion that libels on the Boer President were allowed, but did not quote further that 
that led to the Boer War. He asked " Which is the greater evil, to have an unnecessary 
war or muzzle an ill-informed journalist on one occasion and on one subject which does 
not concern him and he does not understand ? " He held that the amendment made 
by the Select Committee would go too long to meet the objections of that civilian and of 
the Chief Presidency Magistrate of Madras. Similarly, Mr. Murtaza had quoted the 
objections of the Shia Association, but these had been met because^ the Hedjaz had been 
excluded. He assured the House that foreign rulers being human beings would not care 
much about attacks on their third or fourth cousins or minor officials, but the con- 
sequences would bei dangerous, if on any occasion an attack was made and the Govern- 
ment of India said they had no power to intervene. A ruler might turn round and say 
that when Indians visited their land he would see they were not comfortable. There 
was such a possibility and he hoped the House would reject the amendment. 

The House thereupon rejected the amendment and agreed to take the Bill into 
consideration. 
An Amendment of Clause Two 

The Foreign Secretary moved an amendment substituting in place of clause two 
the following : " Where an offence falling under chapter 21 of the Indian Penal Code 
is committed against a! ruler of a State outside but adjoining India or against any mem- 
ber of the family or against any minister of such ruler and in the opinion of the 
Governor-General-in-Council the maintenance of friendly relations between His Majesty's 
Government and the Government of such State may thereby be prejudiced, the Governor- 
General-in-Council may make or authorise any person to make a complaint in writing 
of such offence and notwithstanding any thing contained in section 198 of the Code of 
Criminal Procedure, 1898, any court competent in other respects to take cognisance of 
such offence may take cognisance thereof on such complaint." 

Mr. Yamin Khan supported the amendment as it would avoid more harmful and 
injurious prosecutions. 

Dr. Ziauddin, opposing, said that the Foreign Secretary himself had admitted that 
since the expiry of the Ordinance there was> no offence committed by anybody. It would 
be unwise on the part of Government to displease their own people in order to please a 
neighbouring country. 

Mr. Anklesana supported the amendment as it created no new offence. 

DEBATE ON FOREIGN SECRETARY'S AMENDMENT 

When the debate was resumed on April, 1 on the amendment of the 
Foreign Secretary to the Foreign Relations Bill, substituting another clause 
in place of clause two, Mr. C C. Biswas said that it was admitted that no 
question of international law was involved. The reason shown in the new 
clause was utterly groundless. Why should Government have anything to 
do with any person who was outside British India and was not likely to 
come over to that country to seek a remedy. There was also the danger 
of imputing a motive of favouritism on the part of Governor-General-in- 
Council towards any ruler. 

Sir Abdur Rahim asked why should there be any difficulty on the part 
of a foreign ruler or representative to make a complaint in a British Court 
personally or through some representative if he had a grievance against any 
press or citizen. Once a complaint was made by whomsoever it might be, 
the whole question was open to decision whether an utterance was likely 
to prejudice foreign relation or not. It was too much to accept the position 
of solicitude on the part of Government to protect the reputation of a certain 
foreign ruler or his minister or a member of his family. It would be more 

16 



112 THS INDIAN fcECORDfiR. 

disastrous if Government were to penalise reasonable criticism from th 
public point of view. 

Babu Gaya Prasad Singh thought that the authority to decide whether 
a particular action was offence or not was the court. It would be dangerous 
to give the executive the power asked for because they were always 
reluctant to lay the cards on the table and relied mostly on one-sided 
evidence. 

Sir Lancelot Graham thanked Mr. Yamin Khan for having changed his 
view in favour of the amendment. By passing the Bill they were not 
adding any new section to the Criminal Procedure Code. The question was 
a simple one. It was not a question of any foreign ruler or individual being 
defamed or prejudiced but it was for India's own safety and friendly relation 
with her neighbours that the Government of India must put a check to an 
offence which was likely to or would disturb the peace. It was most difficult 
and practically not possible for any aggrieved foreign ruler or his represen- 
tative to lodge any complaint. 

Khan Bahadur Walayatullah considered that legislation was unnecessary 
as, under it, any person would be improperly put to grave danger on a mere 
legal presumption. 

Sir Lancelot Graham interrupted that there was no presumption. It was 
clear that a person would be proceeded with for definite libel only. 

Khan Bahadur Walayatullah said that any article could be constructed to 
be libellous and so it was unjustified. The Bill before the House was 
extraordinary and the proposed amendment would do away with the only 
relieving feature in the Bill. It was the experience of everyone that 
whenever a prosecution was instituted there was sure to be a conviction. 

Sir B. L. Mitter was surprised at the alarm expressed by some members 
over such an innocuous measure. Any prosecution would be a very simple 
one before conviction. It must be proved whether a particular criticism 
was bona fide or an accused person had any wrongful intention to defame. 
It was only when defamation was likely to disturb friendly relations that 
the Governor-General-in-Council could take action. They were doing 
nothing new or dreadful. 

MR. MUNSHI'S AMENDMENT 

Mr. Jehangir Munshi said that the Government of India only wish to 
make it easier by this Bill for a Foreign Ruler to have a remedy for defa- 
mation, and instead of making it obligatory on a Foreign Ruler to file a 
complaint in the ordinary course the Government of India would act as the 
agency for a Foreign Ruler to file complaints for defamation. He suggested 
amendment of clause 2 by the deletion of the words " and in' the opinion of 
the Governor-General-in-Council the maintenance of friendly relations 
between His Majesty's Government and the Government of such State may 
thereby be. prejudiced " and asked the Law Member if he had any objection 
to the amendment. 

To Mr. Jehangir Munshi's question the Law Member admitted that the 
prosecution depended on the discretion of the executive Government. 
However, there were enough safeguards provided that no prosecution would 
be launched unless the Governor-General was satisfied that friendly relation 
with a particular foreign ruler was prejudiced. It was open to the court to 
decide whether the offence implied elements of imputation, publication or any 
wrongful intention on the part of the accused. 

Sir Abdur Rahim: ".Including the element that the article is likely to 
disturb friendly relation." 

Sir B. L. Mitter : " That does not come under the element of defama- 
tion." 



INDIAN LEGISLATIVE ASSEMBLY. 123 

Mr. Jehangir K. Munshi said that if they were to rely upon what the Law 
Member had said then where was the necessity for words which served no 
purpose in the clause ? Words were necessary 1 in the interest of an accused. 
Mr. Munshi was surprised to see Government more solicitous to an accused 
than representatives of the people. By that enactment Government was 
placing the courts in a strange position to decide whether in the opinion of 
the Governor-General the maintenance of friendly relations between His 
Majesty's Government and the Government of such State would be preju- 
diced was justified or not. He appealed to Government to agree to the 
deletion of those words so that an offence might be made simple for defa- 
mation. 

Mr. Azharali opposed the amendment on the ground that there was no 
justification for Government to spend unnecessarily on litigation to promote 
or maintain friendly relations with foreign rulers. Government's object was 
not so much friendly relations as the suppression of free expression of 
opinion. 

Sir Abdur Rahim moved for deletion of the words pointed out by Mr. 
Munshi in Clause Two. 
y Government accepted the deletion., 

OTHER AMENDMENTS 

Mr. Yamin Khan then moved the addition that for the operation of the 
Bill Aden was excluded from India. The amendment was carried, as also 
another amendment omitting clause 2 in respect of trial courts. 

The Foreign Secretary then moved an amendment which substituted the 
words to which objection was taken and later on omitted by Sir Abdur 
Rahim's amendment. 

Mr. Munshi pressed that those words should be retained in no part of 
the Bill as it would cause serious prejudice to the accused. 

The House then agreed to postpone further consideration till the follow- 
ing day by which time there might be a proper understanding as to the 
wording of remaining clauses to be discussed. 

APRIL 2, 7952. 

FOREIGN RELATIONS BILL PASSED 

When the discussion on the Foreign Relations Bill was resumed, 
Sir Evelyn Howell moved revised amendment to substitute Clause Three as 
follows. " Provisions of sections 99-A to 99-G of the Code of Criminal 
Procedure, 1898, and of Sections 278 to Sections 27-B to 27-D of the Indian 
Post Office Act, 1898, shall apply in the case of any book, newspaper or other 
document containing matter which is defamatory of a Ruler of State out- 
side, but adjoining, India, or of any member of family or of any Minister of 
such ruler and tends to prejudice the maintenance of friendly relations 
between His Majesty's Government and Government of such State in like 
manner as they apply in case of a book newspaper or document containing 
seditious matter within the meaning of those sections." 

DEBATE ON CLAUSE THREE 

Mr. Jehangir K. Munshi opposed the whole clause, because it would 
place a foreign ruler in a privileged position against our own subject 

Sir Lancelot Graham explained that that clause would enable Govern* 
men! to stop any book or publication which contained poison, the dissemina- 
tion of which would create contempt of their friendly relations with the 
neighbouring States. 



124 THE INDIAN RECORDER. 

Mr, Yamin Khan thought that the clause was necessary as a precaution- 
ary measure against any evil that might follow if all publication was 
unchecked. 

Sir Abdur Rahim could not associate himself with the principle of 
prosecuting a person before he had an opportunity to prove that his action 
was justified. 

Mr. Maswood Ahmed supported an amendment by which there would 
be only forfeiture of publication instead of prosecution. 

Mr. Biswas did not see any reason, for opposition when Gvernment was 
so accommodating. 

Mr. Sen and Mr. Anklesaria supported the amendment in the best 
interest of the accused, while Dr. Ziauddin opposed, remarking that support- 
ers of Government were confusing libel with sedition. 

Mr. Amarnath Dutt declared that personally he was opposed to the 
principle of the Bill which restricted liberty of persons and freedom of speech 
but once they were agreed that they required legislation of the kind then 
they must have it as India was surrounded by barbarous nations. 

The amendment was carried by fifty-four votes against eighteen. 

THIRD READING OF THE BILL 

The Foreign Secretary moved the third reading of the Bill as amended. 

Sir Abdur Rahim said that owing to their strong united opposition, the 
Bill was amply modified to act against mere defamation pure, and simple, but 
still the measure was a very dangerous one. It curtailed liberty of the press 
and freedom of speech. Again, accused was not given an opportunity to 
prove his guilt. It was an established practice in every country that the 
press was allowed to express opinion on foreign affairs which helped the 
Government of the country to form their own attitude. He would not be 
a party to do anything against their intentions to establish the same practice 
in India also. 

Mr. Ranga Iyer sounded a solemn note of warning to Government that 
the Bill, when it became law, must be administered with great caution for 
it involved the liberty of the press. 

Mr. Sitarama Raju opposed the entire Bill which paralysed the Indian 
people when there was no reciprocal understanding between the foreign 
States. The Bill was very drastic in character. In spite of modification it 
was not amenable to public opinion in India, for it aimed at muzzling the 
public press. 

Dr. Ziauddin opined that Magistrates in India had not the same calibre 
as those in England. In India they were only agents of the executive, and 
had no independence in giving judgment. 

Syed Murtaza Saheb thundered that they would go against the Bill in 
spite of its existence and would publish or write anything if they found any 
foreign ruler acting against the principles of the Shariat. Government had 
taken undue advantage of the Assembly, when it was thin, to pass a dis- 
tasteful and unwanted measure. 

Mr. Yamin Khan, while supporting the Bill, objected to some members 
bringing in communal complications within the scope of discussion. 

BILL PASSED ON GOVERNMENT ASSURANCE 

Replying to the debate the Foreign Secretary on behalf of Government 
gave the fullest assurance that the Bill would be very cautiously applied, and 
no prosecution would be launched unless they had fully explored the 
consequences of their action. 

The House divided, and the Bill was carried by 48 votes against 18. 



INDIAN LEGISLATIVE ASSEMBLY. 125 

SUGAR PROTECTION BILL PASSED 

The Sugar Industry Protection Bill passed the third reading. The day's 
debate follows : 

MOTION FOR POSTPONEMENT LOST 

At the outset Sir George Rainy announced that with a view to expedit- 
ing the business of the House and to conclude the session by the Sth or 6th, 
Government had no objection to postpone the Sugar Protection Bill till the 
September session, as suggested by an amendment of Mr. E. F. Sykes. 

Mr. B. Das opposed Mr. Sykes's dilatory motion, and wanted Sir 
George Rainy to leave India only after giving more sweets to India through 
sugar protection. He deplored that the interests of cane-growers were not 
protected, and said that a cess-duty on sugar should be levied to start 
experimental sugar-cane factories for agriculturists. He suggested the issue 
of licenses for sugar factories, and that Government should share the surplus 
profits, to the extent of the protection given, from factory owners. 

The President ascertained that an equal number of members were in 
favour of both postponement and consideration in this session. 

Thereupon Mr. Raghubir Singh (United Provinces) suggested immediate 
consideration of the Bill, and was glad that the slow moving machinery of 
the Government of India had after all responded to the call of agriculturists 
and supported the Bill. 

Mr. Morgan also favoured proceeding with the Bill. He remarked that 
as legislators they had to do business and not waste time. 

Mr. Joshi opined that Government should have taken power to control 
prices because protective tariff on sugar imposed heavy duties on sugar. It 
was only fair that they should insist on imposing a limit on the dividends of 
capitalists, and that profits must be limited to foster and develop the industry 
in the interest of Indians. 

Sir George Rainy said that in view of the Assembly's desire to proceed 
with the bill he would suggest expeditious disposal of amendments. 

Sir Abdur Rahim, Mr. Ranga Iyer and Mr. Abdulla Haroon endorsed 
his appeal. 

Mr. Haroon informed the House that all factories proposed to be started 
the following year would be in the hands of Indians. 

Mr. Hariraj Swarup opposed Mr. Sykes's amendment for postponement, 
which was lost. 

MOTION FOR CONSIDERATION CARRIED 

Sir George Rainy's motion for consideration was then carried. 
MR. JOSHI'S AMENDMENT LOST 

Mr. N. M. Joshi then moved a lengthy amendment providing, " inter 
alia/' that the undertaking engaged in manufacturing sugar should give 
declaration pledging themselves: (1) not to pay any fee or equivalent sum 
to shareholders, and other participants with limited liability of a greater sum 
by way of the annual dividend than that they would get at six per cent, 
on actual capital invested in undertaking by persons concerned ; (2) to employ 
any further surplus in consolidating the position of undertaking in a manner 
approved by the Government of India ; (3) not to employ anyone who is not 
an Indian except with the permission of the Government of India; and (4) 
to produce a certificate, that labour conditions in the undertaking are satis- 
factory, and form a Committee of three persons appointed by the Govern- 
ment of India for that purpose. 

This amendment was supported by Mr. K. P. Thampan and opposed by 
Mr. S. C. Mitra, Dr. Ziauddin Ahmed and Mr. Abdullah Haroon though they 
sympathised with the object. 



126 THE INDIAN RECORDER. 

The amendment was lost without a division. 

MR. SYKES'S AMENDMENT LOST 

Mr. Sykes moved an amendment to provide that whoever, in buying 
sugar-cane from the grower of sugar-cane, pays him a price which is less 
than eight annas per maund of 82 and 2|7th pounds avoirdupois shall be 
punishable by a fine which may extend to two thousand rupees for each 
offence. This was lost after brief Opposition speeches. 

THIRD READING PASSED 

Sir George Rainy then moved that the third reading of the bill be passed. 

Mr. B. Das, Sir Abdur Rahim, Mr. Ranga Iyer, Mr. Yamin Khan and 
Mr. Morgan all joined in congratulating Sir George Rainy for his genial spirit 
and for having introduced and established Parliamentary practice in the 
Assembly. . 

Sir George Rainy thanked all sections of the House for their co-opera- 
tion and helpful assistance. 

The bill was then finally passed. 

APRIL 4, 1932. 

INDIA AND THE OTTAWA CONFERENCE 

Mr, Ranga Iyer) asked the following short' notice question which elicited 
an important reply: "With reference to the recent announcement by the 
Secretary of State for India that the Government of India would take part 
in the Imperial Economic Conference at Ottawa next July, will Government 
be pleased to make a statement explaining what action they propose to 
take in the matter?" 

SIR GEORGE RAINY'S REPLY 

Sir George Rainy replied : " The Government of India have agreed to 
send their delegation to the Imperial Economic Conference which will meet 
at Ottawa in July next. They have been informed that the principal item 
on the agenda will be. discussion of the policy of trade agreement between 
different countries of the Empire and they have been invited in particular 
to consider the question whether having regard to the new tariff policy of 
His Majesty's Government in the United Kingdom, Great Britain and India 
should enter into a tariff agreement embodying a reciprocal preferential 
tariff agreement so as to benefit the trade of both countries. The Govern- 
ment of India have accepted that invitation and the Viceroy, with the 
approval of the Secretary of State, has appointed the following gentlemen 
to represent India at the conference : Leader, Sir Atul Chatterjee. Members, 
Mr. R. K. Shanrnukham Chetty, Sir Pestonji Ginwala, Seth Haji Abdullah 
Haroon, M.L.A., Sahibzada Abdul Samad Khan and Sir George Rainy. If 
the, conclusion of the trade agreement is recommended as the result of the 
conference any changes in tariff which may be involved will be duly placed 
before the Legislature for its approval. The Government of India have no 
wish ;to put any such changes into effect unless the Legislature is satisfied 
that they are in the 'interest of India." 

SUPPLEMENTARY QUESTIONS 

A volley of supplementary questions followed. 

Mr. Neogy: What instructions are the Government of India giving to 
the Delegation? 

Sir George Rainy: I am the person to receive instruction. (Laughter). 

Mr. Neogy : The member represents Government for the present. Is 
the Secretary of State going to give instructions? 



INDIAN LEGISLATIVE ASSEMBLY. a? 

Sir George Rainy: The Government of India will give instructions. 

Mr. Neogy : Will there be no reference to the Secretary of State ? 

Sir George Rainy : The practice followed in tariff matters would, I take 
it, be followed that a communication will be sent to the Secretary of State, 
but the final decision rests entirely with the Government of India. 

Mr. Biswas : May I take it that the constitution of the Delegation has 
been formed on the understanding that they will support imperial preference ? 

Sir George Rainy : I do not know what the views of individual members 
arc, 

Mr. Neogy : Will the conclusions of the conference be placed before this 
Legislature or the Legislature to be created after the new reforms are 
introduced ? 

Sir George Rainy: I have said these will come before the Indian 
Legislature functioning at the time. 

Mr, Neogy: Will this Delegation be authorised to commit India to 
imperial preference? 

Sir George Rainy : Mere commitment of policy is nothing without con- 
sequential tariff and these must come before the Legislature* 

Mr. Neogy : Government possesses extraordinary powers' to act in spite 
of the Legislature. 

Sir George Rainy : I have said Government have no wish ttf put changes 
into effect unless the Legislature is satisfied they are in the interest of India. 

Dr. Ziauddin : What about Indian industries which are under protection 
or may need protection in future? 

Sir George Rainy: The interest of India comes first. Adequate pro- 
tection of Indian industries will be an essential part of that no doubt. 

INDIAN AIR FORCE SILL 

Mr. Mackworth Young moved considerations of the Indian Air Force 
Bill as amended by the select committee. He referred briefly to the changes 
made in the bill and said that the definition of domicile had been so put as 
to make* the force genuinely Indian and that at the same time the statutory 
provision had not been made too difficult for recruiting officers to act under. 

MOTION FOR POSTPONEMENT 

Mr. S. C. Mitra moved postponement of the Bill. He said the House 
had ceased to, be representative and appealed to the Chair to adjourn it sine 
die. On the Government benches, he said, only one member was sitting, while 
the opposition Leader and the European Leader had left Delhi. Then, again, 
quite a large number of members had gone away because Government had 
originally announced that the session would end by 24th March. A large 
number of members, including Mr. Pandian, Major Nawab Talik Mehdi Khan, 
Mr. Deo, Mr. Gopika Raman Roy and Mr. Tun Aung had not attended the 
session at all, while many others had hardly beert present for a week during 
the session including Mr. Hoon, Mr. N. Rao, Mr. G. Reddy, Mr. Dumasia, 
Mr. B. R. Puri, Mr. Jamal Mahomed, Mr. Agarwal and U Kyaw Myint. 
Then, again, the provision that any one who did not attend the session for 
60 days could be made to vacate his seat was applied by Government only 
once and that in the case of the speaker himself when he was interned. He 
finally expressed the fear that, in such a thin unrepresentative House, 
Government might suddenly bring forward a bill enacting an Ordinance. 

DEBATE ON THE AMENDMENT 

Mtf. Arthur Moore joined in the regret that the House was thin when 
they were considering one of the greatest measures that had ever come 
before it and which might in course of thne prove of decisive importance in 



128 THE INDIAN RECORDER. 

the development of India's constitution. He did not, however, agree that the 
Bill was contentious. It had been already given the blessing by the repre- 
sentatives of all parties and unless it were passed Indian cadets ready to 
join the force in the coming summer would remain without a footing. 

Babu G. P. Singh opposed the amendment. He said if Mr. Mitra felt as 
he had said he might follow others before him and leave the House. Why 
should they waste time on such amendments? 

Mr. Mitra: Yoti are speaking as a Government member. 

Babu G. 'P. Singh: This is characteristic of the subject race. 

Mr. Raju supported Mr. S. C. Mitra. 

Sir George Rainy said it was impossible for Government to fix all Bills 
in the middle of the session as members were against taking them either 
in the beginning or at the end. 

The President said he had a clear answer to what his position was on 
the question of whether the House was representative or not. There was a 
clear ruling of Mr. Patel given on the occasion of the Swarajist walk-out 
and modified the following day. The position of Mr. Mitra was that a large 
number of members were not present either throughout the session or had 
left. Failure to discharge an obligation was matter to be taken note of by 
the electors. (Applause). The President continued: "Hon'ble member has 
drawn attention to a point that a controversial measure may be brought 
before the House at the last moment. The Chair is bound to protect the 
dignity, rights and privileges of the House. If Government ever attempted 
any such thing without adequate reason, the Chair will take care that the 
House is not forced to discuss it, but if the honourable member expects the 
Chair to have any sympathy for members who take any amount of trouble 
and expense to get elected, and then not attend the session, the Chair has no 
sympathy for them." (Applause.) 

POSTPONEMENT MOTION WITHDRAWN 

Mr. Mitra, in view of the Chair's remarks, withdrew his motion for 
postponement. 

DEBATE ON THE BILL 

The debate was resumed on Mr. Young's original motion. 

Capt. Lalchand then spoke supporting consideration of the Air Force 
Bill as it was an earnest of the sincere desire of the Government to respect 
Indian aims and aspirations. 

Babu Gaya Prasad Singh gave whole-hearted support to the Bill and 
was happy that the force would be confined to persons, mainly of Indian 
extraction. 

Mr. S. C. Mitra said that he was not opposed to the Bill but thought it 
was too important to be discussed in a thin House. He feared that the army 
tradition of recruiting the less educated and less cultured units of the. 
martial races might be followed. 

Mr. Young, interrupting, said: There is no class composition in this air 
force. 

Mr. Mitra : I am glad that they have discovered they were wrong. 

Mr. Jadhav supported the Bill and wished it to expand quickly through 
economy on army expenditure. 

Dr. Ziauddin Ahmed and Mr. Ranga, Iyer supported the Bill. The latter 
congratulated the Army Secretary on putting the measure on the statute 
book before leaving the Army Department. 

Mr. Young ' said the Bill was a matter of great satisfaction to 
Government and himself. 

BILL PASSED. 

The Bill was then finally passed. 



INDIAN LEGISLATIVE ASSEMBLY. 129 

BROADCASTING BILL 

Sir Joseph Bhore moved consideration of the Broadcasting" Bill increasing 
the import duty on wireless reception articles. He corrected a mistake in 
the statement of objects and reasons of the Bill and said that the gap was 
to be made up through customs receipt and other revenue and not merely 
customs receipt. He said that broadcasting in India had a melancholy finan- 
cial history but its popularity was shown when the retrenchment proposal 
roused opposition from various quarters. He said that they had ruthlessly 
pruned expenditure but the gap of sixty thousand still remained to be 
covered. They stood better compared to company control whose losses in 
three years were heavy. He was confident of the great future of broad- 
casting in India. 

Mr. B. Das gave support to the measure and would even double the 
licensing fees if the present duty was insufficient. 

Mr. S. C. Mitra acknowledged its educative value, while Babu Gaya 
Prasad Singh hoped Government would stop piracy and increase licensing 
fee, ( 

Mr. A. N. Dutt urged Government to take broadcasting into the village. 

AMENDMENTS DEFEATED AND BILL PASSED 

After two amendments of Mr. Jog were moved and defeated, the, House 
passed the Bill. 

BILL TO VALIDATE CERTAIN SUITS 

The House took up the motion of Sir Lancelot Graham for consideration 
of the Bill to validate certain suits relating to public matters, as passed by 
the Council of State. 

MOTION FOR POSTPONEMENT LOST 

Sir Abdullah Suhrawardy said that the Bill was almost controversial and 
should be postponed to the Simla session. He moved an amendment 
accordingly. 

Rai Sahib Har Bilas Sarda supported Sir Lancelot Graham's motion, 
while Mr. B. Das supported the postponement. 

Mr. Biswas opposed Sir A. Suhrawardy's amendment. 

Sir Abdur Rahim declared that the proposal was without precedent. 
The House was being asked to give retrospective effect so that a number 
of parties in suits now before the courts might win those cases. Could 
the House sit on judgment on the Privy Council and constitute itself as a 
court? The Bill certainly required more serious consideration and should 
be taken up to Simla. 

Sir B. L. Mitter said the matter was not only serious but urgent. For 
half-a-century Government and all courts in the country had followed one 
procedure which the Privy Council had now declared wrong. All cases had 
been filed in the honest belief that the old procedure was right. The result 
of the failure of the Legislature to act now would be to make hundreds of 
receivers of public charitable institutions to hand property back to fraudulent 
trustees. The Crown being the protector of public charities, it was up to 
the Legislature to intervene. He contended that the House was not sitting in 
judgment on the courts but was rescuing an aggrieved party who had spent 
time and money for the sake of protecting public charities. But for this 
all suits would be dismissed. 

Mr. Ranga Iyer said Sir B. L. Mitter's argument was more convincing 
and agreed with it though he understood that the issue was open for party 
members. 

17 



ttd THfi INDIAN RECORDER. 

Dr. Ziauddin Ahmed was in favour of postponement of the Bill which 
interfered with the administration of the court under* the guise of protecting 
endowments. 

Mr. Jadhav was in favour of immediate consideration. 

Sir Lancelot Graham while opposing postponement repudiated the charge 
that Government had deliberately introduced the measure in the Council of 
State in order 1 to avoid bringing in of the circulation motion in the Assembly. 

The postponement motion was lost. 

MOTION FOR REFERENCE TO SELECT COMMITTEE LOST 

The motion for reference to select committee was also lost. 

BILL PASSED 

The BUI to validate certain suits relating to public matters was finally 
passed and the Assembly adjourned till the following day. 

APRIL 5, 1932. 

BILLS REFERRED TO SELECT COMMITTEES 

ASSAM LABOUR 

Sir Joseph Bhore, member for Industries and Labour, moved the appoint- 
ment of a Select Committee on the Bill amending the law relating to 
emigrant labourers in the tea districts of Assam. He said that the Bill would 
be circulated by an executive order and hoped that the Select Committee 
would meet in Simla some time before the coming session. 

Mr. Abdul Matin Chowdhury said that it was essential -that some 
approved standard of life should be assured to the labourers. At present 
the public were not allowed contact with the labourers in tea gardens. He 
suggested that the Controller and Deputy Controller of Labour should both 
be Indians. 

Mr. H. B. Fox maintained that the conditions in which the labourers 
worked were not only satisfactory but that they enjoyed/ enviable prosperity. 
The tea industry would regard restrictions to chapter IV as a threat to an 
industry unparalleled in India. 

Mr. C S. Ranga Iyer pledged his full support to the Bill. 

Mr. N. M. Joshi said that the Bill was imperfect and that the restriction 
proposed would be found by Mr. Fox to be: more in the interest of the 
employer than of the labourer. He laid stress to various improvements 
which were urgently called for. 

Mr. A. G. Clow said that the Assam tea planters, for some reason or 
other, preferred the employment of families rather than of individuals. After 
a thorough inquiry he was in a position to state that nowhere else, in India, 
in any industry, were workers better treated than by the tea planters of 
Assam. 

After addition of the names of Kottal Uppi Sahib and Bhai Parmanand 
to the Select Committee, the motion was carried. 

PILGRIMS TO HEDJAZ 

Sir Frank Noyce then moved reference of two Bills to Select Committee 
the first to establish a committee in the principal ports of pilgrim traffic 
to assist the pilgrims to the Hedjaz and the second to regulate the activities 
of persons in British India who offer to assist pilgrims to the Hedjaz. 

Several members raised objection to the principle that a large majority 
of the members of the Committees were either nominated or officials. 

Sir Frank Noyce assured them that that could be remedied. After slight 
alterations in the membership of the Select Committees, the motions were 
adopted. 



INDIAN LEGISLATIVE ASSEMBLY. 131 

APPORTIONMENT OF FUNDS FOR ROAD DEVELOPMENT 

IN BURMA 

Sir Joseph Bhore moved an amendment to the resolution, empowered 
with the approval of the Burma Council and Government, that the amount 
available in respect of road development in Burma could be apportioned 
between the Shan States and Burma proper and could be' spent in any other 
scheme. 

Mr. Munshi wanted to know if that was brought forward at the' instance 
of the Burma Government. 

Sir Joseph BHbre could not understand how that arose fromi the motion. 

Mr. Munshi: Because Sir Charles Innes is to dismember Burma into 
three areas, Shan States, Burma proper and the excluded areas, the last 
named possessing a bulk of mineral wealth in the province. 

Mr. Mitra thereupon moved the postponement of the debate till the 
Simla session. 

Sir Joseph Bhore pointed out that there was nothing to prejudice the 
future constitution of Burma. The only result of postponement would be to 
postpone giving the Shan States any money to which they would be entitled 
for road development. 

The House then adopted Sir Joseph Shore's resolution. 

CAPETOWN AGREEMENT 

The terms of the Agreement arrived at between the South African Union 
Government and the Government of India as a result of the Capetown 
Conference were read out by Sir Fazli Hussain in the Council of State and 
by Mr. G. S. Bajpai in the Legislative Assembly. 

The important features of the new Capetown Agreement are that the 
Government of India will co-operate with the Government of the Union of 
South Africa in exploring the possibilities of a colonisation scheme for 
settling Indians both from India and from South Africa in other countries. 

In this investigation, which should take place during the course of the 
present year, a representative of the Indian community in South, Africa will, 
if they so desire, be associated as soon as the invitation has been completed. 
The two Governments will consider the results of inquiry. This scheme will 
take the place of the Assisted Emigration Scheme, which has proved a failure. 

Another important concession gained by India is that Clause 5 of the 
Transvaal Land Tenures Bill, which embodied the principle of segregation 
by providing for earmarking of areas for the occupation or ownership of 
land by Asiatics, has been deleted. 

Instead, the Gold Law is to be amended to empower the Minister of the 
Interior, after consultation with the Minister of Mines, to withdraw any 
land from the; operation of the Bill in so far as it prohibits residence upon or 
occupation of any land by coloured persons. 

This power will be exercised after inquiry into individual cases by an 
impartial commission presided over by a judge to validate the present illegal 
occupations and to permit exceptions to be made in future from occupational 
restrictions of the Gold Law. 

The Government of the Union will continue to adhere to the policy of 
uplifting the permanent section of their Indian population and the Govern- 
ment of India will continue to maintain in South Africa an Agent whose 
presence has admittedly proved most helpful alike to the Indian community 
in South Africa and to the promotion of friendship between the two 
countries. 



132 THE INDIAN RECORDER. 

TEXT OF THE AGREEMENT 

The following is the text of the statement on the Capetown 
Agreement : 

In accordance with Paragraph 7 of the Capetown Agreement of 1927, delegates of 
the Government of the Union of South Africa and of the Government of India met at 
Capetown from January 12 to February 4, 1932, to consider the working' of the 1 agreement 
and to exchange views as to any modifications that experience might suggest. The 
delegates had a full and frank discussion in the conference, which was throughout marked 
by a spirit of cordiality and mutual good-will. 

Both the Governments consider that the Capetown Agreement has been a powerful 
influence in fostering friendly relations between them and that they should continue to 
co-operate in the common object of harmonising their respective interests in regard to 
Indians resident in the Union. 

LAND SETTLEMENT 

It was recognised that the possibilities of the Union's scheme, of assisted emigration 
to India were practically exhausted owing to the economic and climatic conditions of 
India as well as to the fact that 80 peii cent of the Indian population of the Union were 
South African-born. 

As a- consequence the possibilities of a land settlement outside India as already con- 
templated in Paragraph 3 of the Agreement have been further considered. The 
Government of India will co-operate with the Government of the Union in exploring the 
possibilities of a colonisation scheme for settling Indians both from Indian and from 
South Africa in other countries 

In this investigation which should take place during the course of the present year, 
a representative of the Indian community in South Africa will, if they so- desire, be 
associated as soon as the invitation has been completed. The two Governments will 
consider the results of the inquiry. 

No other modification of the agreement is for the present considered necessary. 

CO-OPERATION 

Befoie passing on to the Transvaal Asiatic Tenure (Amendment) Bill, members would 
perhaps like me to comment on the 1 more important points in the settlement which 1 have 
just announced. 

(1) Recognition by the two Governments of the need of continued co-operation, in 
the common object of harmonising their respective interests in regard to Indians resident 
in the Union justifies the hope that the friendly relations between South Africa and India 
which are of such vital importance to the Indian community in the, Union will continue. 

(2) It had become increasingly evident for some time before the conference met at 
Capetown that Indian opinion both in South Africa and in India had become unfavourable 
to a scheme of assisted emigration to India. This was due to no shortcoming on the part 
of either Government, but primarily to climatic and economic causes and to the fact that 
80 per cent, of the Indian population of South Africa were born in the Union. The 
recognition of the Union Government that the possibilities of this scheme are now 
practically exhausted should be received with considerable relief by Indian opinion on 
both sides of the ocean. 

SATISFACTORY SCHEME 

(3) The proposal that possibilities of land settlement outside India should be 
examined merely carries out an integral part of the 1927 agreement. It may be welcomed 
on two grounds : 

I. If it results in a satisfactory scheme of land settlement it may provide an 
outlet especially to the younger generation of Indians in South Africa in 
a country where they may have greater opportunities both for economic 
development and for political self-expression; 

II. Association of a representative of the South African Indian Congress in the 
investigation will not only be a valuable safeguard for the inquiry but 
constitutes an experiment in collaboration between the/ Union Government 
and the Indian community in South Africa, which it is hoped will be 
extended to other fields. 

(4) The agreement stands unmodified except as regards the scheme of assisted 
emigration to India and thq proposed exploration of possibilities of land settlement else- 
where. This means, to mention only two points of the last agreement, that the Govern- 
ment of the Union continue to adhere to the policy of uplifting the permanent section 
of their Indian population and that the Government of India will continue to maintain in 
South Africa an Agent whose presence has admittedly proved most helpful alike to the 
Indian community in South Africa and to the promotion of friendship between two 
countries. 



INDIAN LEGISLATIVE ASSEMBLY. 133 

TRANSVAAL BILL 

1 shall now endeavour to deal with the Transvaal Asiatic Tenure (Amendment) Bill. 
The conference decided that il should be considered by a, sub-committee consisting 1 of two 
representatives of each delegation. After discussion in sub-committee, Dr. Malan, who 
was one of the union representatives agreed to place informally before the members of 
the select committee which had prepared the bill, the suggestions of the delegates from 
India. The results of this consultation may be summarised' as follows: 

(1) Clause 5 of the Bill, which embodied the principle of segregation by providing 
for the ear-marking of areas for the occupation or ownership of land by Asiatics, has 
been deleted. Instead, the Gold Law is to be amended to empower the Minister of the 
Interior, after consultation with the Minister of Mines, to withdraw any land from the 
operation of Section 130 and 131 in so far as they prohibit residence upon or occupation 
of any coloured persons. ' This power will be exercised after inquiry into individual cases 
by an impartial commission presided over by a judge to validate the present illegal 
occupations and to permit exceptions to be made in future from occupational restrictions 
of Gold Law. It is hoped that liberal use will be made of this new provision of the law 
so as to prevent substantial dislocation of Indian business which the strict application of 
the existing restrictions would involve and to provide Ind'ans in future with reasonable 
facilities to trade in mining areas without segregation. 

FIXED PROPERTY 

(2) The Bill has also been amended so as to protect fixed property acquired by 
Asiatic companies, up to March 1, 1930, which are not protected by Section Z of Act 37 of 
1919. This will have the effect of saving many Indian properties which though not 
acquired in contravention of the letter of the Act of 1919 were acquired contrary to 
its spirit. 

(3) Local bodies whom Clause 10 of the Bill required to refuse certificates of fitness 
to an Asiatic to trade on the ground that the applicant may not lawfully carry on business 
on premises for which the licence is sought, shall have to treat a certificate issued by a 
competent Government officer to the effect that any land has been withdrawn from 
restrictive provisions of Sections 130 and 131 of the Gold Law, as sufficient proof that a 
coloured person may lawfully trade on such land as it is proposed to maintain hereafter 
a register of all lands in proclaimed areas where Asiatic occupation is permitted. Such 
a provision should prove a valuable safeguard to the Indian community. 

SUBSTANTIAL ADVANCE 

-\ As against these important concessions it has to be recognised that the recommenda- 
tion of Indian delegation that areas like springs and de-proclaimed land to which res- 
tr'tions of the Clauses 130 and 131 do not at present apply, should not be made subject 
to them and '.that leases for ten years or more should not be treated as fixed property, 
f,avc not been accepted. On the balance, however, amendments which, subject to rati- 
tf jcation by the Union Parliament, have been made m the Bill represent a substantial 
Advance on the original Bill. 

T must apologise to the House for the length of the statement. 1 have endeavoured 
to make it as brief as is compatible with clarity. The Government had hoped that it 
would be possible to make an announcement earlier but this was found! impossiblq as the 
results of the Conference have to be published in both the countries simultaneously and 
the Union Parliament re-assembles only to-day after the Easter recess. The Government 
trust, however, that keeping in view the difficulties inherent in the problem and after 
consideration of the statement which has been made to-day, members will feel satisfied 
with the results achieved. 

After the Agreement had been read, Mr. B. Das got up to put a few 
questions-. * The President informed him that there was a resolution tabled 
on the subject and no question would be allowed. 

Sir Abdur Rahim obtained from Sir Fazli Hussain assurance that time 
would be allotted in the Simla Session to discuss the Capetown Agreement, 
if the members then sd desired. 

Sir Fazli Hussain also assured that the Government of India would 
continue to watch the progress of the Transvaal Bill as reintroduced in the 
Capetown Parliament. 

MR. ANDREWS ON THE STATEMENT 

Mr. C. F. Andrews, in the course of a statement on the South African 
Agreement, says : 

Perhaps the chief gain in the new agreement has been the frank acknowledgment 
by both Governments that repatriation has proved a failure. This clearly means its 
death-blow. Here the unanimous voice of India has prevailed. 



1H THE INDIAN RECORDER. 

BURMA AND ITS FINANCIAL RELATIONS WITH INDIA 

Sir George Schuster moved for the consideration of the report of the 
Standing Finance Committee on financial questions arising out of the pro- 
posed separation of Burma from India. The report was made by Sir Henry 
Howard of the Burma Government and Mr. J. C. Nixon of the Government 
of India, specially appointed for the purpose. While, expressing the desire 
of the Government not to prevent any motion for postponement of consider- 
ation of this report, the Finance Member made it clear that it might be 
found necessary by His Majesty's Government to subject to arbitration, 
during summer, questions arising from this report. 

FEATURES OF THE REPORT OF STANDING FINANCE COMMITTEE 

Continuing Sir George Schuster said that one of the most important 
questions involved was that of pensions. Mr. Nixon had asked for ten and a 
half per cent, of total charges of the Government of India in respect of 
pensions to be paid only for service rendered in Burma. The financial 
difference involved was that under the Nixon Scheme Burma would begin 
with a payment of about 105 lakhs in the first year, while under the Howard 
Scheme, she would pay only 35 lakhs. Similarly, Mr. Nixon had suggested 
the same proportion in respect of pensions now being earned. 

The next question was that Burma should have her share of unprotective 
assets and should pay the cost of troops actually employed in Burma. The 
Standing Finance Committee had. however, suggested that the Government 
of India might claim some general contribution on account of general 
services of defence. 

He next referred to the question of Public Debt. Mr. Nixon had sug- 
gested that an historical approach to the subject was impossible and had 
recommended that Burma should take over in respect of productive assets 
the corresponding debt incurred, and, as for the rest, she should take over 
her share on the basis of her proportion to general revenues of India, both 

The further point that other countries are to he explored with a view to colonisation 
need not arouse fear or alarm. The country specially contemplated was Brazil and its 
exploration was fully approved by the South African Indian Congress. An outlet is badly 
needed for the rising educated generation, which is cramped by the "White Labour Policy." 
As the present barriers remain, preventing Indians in Natal from migrating freely to 
other provinces of South Africa, congestion of the population round Durban will continue. 
If Brazil is able to afford an outlet, it should certainly be explored. 

The Japanese Government have already undertaken land settlement there on a large 
scale, with highly successful results Even though the present moment may be unpro- 
pitious owing to world economic depression, yet the future is with Brazil. It has a 
favourable climate, good rainfall, a very fertile soil and no colour prejudice whatever. 

With regard to the Land Tenure Bill,, it appears to me that complete withdrawal 
of Clause 5 has now definitely prevented segregation. This is the thing we aimed at all 
along. 

Furthermore, we have obtained other substantial gains, such as the protection of 
property, right up to May, 1930, and the prevention of trade licences falling into the hands 
of municipalities. This was the immediate danger and it has now< been forestalled. 

At the same time, it is a loss that when the mining areas arc deproclaimed so as 
to pass back into ordinary lands, the old evil of racial disabilities should continue. While 
this will not severely hurt Indian traders who usually seek mining areas for trade, yet 
it 1 is an extension of the colour bar which should call for strong protest from the Indian 
Government. 

It is also very regrettable that' nothing has been done in the Agreement to restore 
to their full value Transvaal registration certificates 

Beyond these immediate gains and losses, there has come about in South Africa, 
owing chiefly to the status of the Agent, a relaxation in social matters of the worst' forms 
of colour prejudice against Indians. At Capetown, during the conference, it was quite 
noticeable that friendly relations between Indians and Europeans had advanced. If the 
new Agent can carry this still further forward, he will have accomplished one of the 
most important works which yet needs to be done in South Africa. 



INDIAN LEGISLATIVE ASSEMBLY. I$5 

central and provincial, which worked out at ten and a half per cent. This 
would transfer to Burma a debt of 68 crores. Some members of the 
Standing Finance Committee had urged to make an approach through the 
historical method so that they might be better off, but Sir George Schuster 
opined that that was not possible. 

FINANCIAL POSITION OF INDIA AFTER SEPARATION 

Summing up the position he said that India would be worse-off between 
two and a quarter to three and a half crores after separation. The difference 
between the two figures was the difference between Mr. Nixon's 
and Mr. Howard's way of approach. When it was considered that 
about eighty lakhs annually would be saved over interest charges 
after transferring 66 crores of debt to Burma, the balance might 
be covered. The Finance Member read from the Nixon-Howard Memoran- 
dum a* sentence that the question should be approached in a spirit of reason 
and mutual accommodation to avoid the ill-effects of a change so great. 
There should be a spirit of give-and-take, and Sir George Schuster sug- 
gested that the best method was not to tie the hands of the Government by 
giving precise instructions, but to ask the Government of India to place 
before an impartial tribunal, with which inquiry the Standing Finance Com- 
mittee members would be associated, to put the case of the Government of 
India for fairness to the Indian tax-payer. 

MOTION FOR POSTPONEMENT 

Mr. S. C. Mitra moved postponement of discussion till the Simla session. 
It was supported by Mr. Jehangir Munshi who said that his Burman 
colleagues were absent. 

The general sense of the House was to postpone the discussion if the 
Government maintained a " status quo " and did not appoint an arbitration 
tribunal. 

Sir George Schuster said that he could not say what would be the course 
followed in the matter in question, and the House adjourned till the next 
day. 

APRIL 6, 1932. 

BURMA AND ITS FINANCIAL RELATIONS WITH INDIA (Continued) 

The debate was resumed on Sir George Schuster's motion to take into 
consideration the Standing Finance Committee's Report on Burma's Finan- 
cial relations and Mr. Mitra's motion for postponing it to the Simla session. 

DEBATE ON THE AMENDMENT 

Dr. Ziauddin Ahmed declared that the question of separation was for 
Burma to decide, and he resented artificial propaganda being carried on the 
subject. 

Mr. Sarda suggested that the Government should take counsel with ex- 
perts before tying their hands. 

Mr. B. Das disliked arguing a hypothetical case and said : " If we are 
going to have a tribunal, it must be appointed by the League of Nations. 
The British Government are an interested party, and none from within the 
Empire should be appointed Chairman." 

Mr. Raju said that Madras Andhras and Chetties had developed Burma 
and the question of safeguarding crores of their money was also involved. 
The issues were too serious to be discussed lightly. 

Sir Abdur Rahim, leader of the Independent Party, said: "This ques- 
tion depends on the result of the election. We do not desire separation, 



156 THE INDIAN RECORDER. 

but we shall not stand in the way of Burma, if Burma decided to separate; 
but if Burma desired separation, then financial adjustments between the two 
countries must be carried but on the principle of being fair to both the 
parties. There is no question of generosity. We are not here to sacrifice 
the financial interests of India in order to help Burma separate. We are 
not going in any way to help the party which wants separation from India. 
An arbitration board must not be appointed, until Burma has decided to 
separate. Otherwise, we shall be forcing the hands of Burma by giving a 
financial settlement one way or the other." 

Mr. N. M. Joshi said that the question of separation was the concern 
of the K. T. C. What status had either the Government of India or the Burma 
Government to discuss the question or to place the case before an arbitra- 
tion board? Neither of them had any right to commit the future Govern- 
ments of the countries. He asked who was to appoint the arbitrators ? "I 
hear," went on Mr. Joshi, " that the Secretary of State will do it. Let me say 
that both the Secretary of State and the British Government are interested in 
this question. They forced it on the R. T. C. When they found that they were 
to give self-government to India they wanted to create difficulties and bought 
in the control of the Princes and decided to take away Burma. The ques- 
tion is one to be settled by India and Burma and R. T. C. jointly." 

Mr. Ranga Iyer said that he did not have definite opinion whether 
arbitration should be by the League of Nations or by the Privy Council 
Committee but as both India and Burma belonged to the Empire, an impartial 
tribunal could be found within the Empire. (Sir G. Schuster: Hear, Hear). 
He felt that Nixon had been moderate in putting India's case when Howard 
had been an extreme advocate of Burma's claims. 

Mr. Jadhav asked: Is the question of separation to be decided by the 
amount of debt she would have to pay to India and will a small debt be an 
inducement for Burma to go out. (Applause). This is a farce practised by 
our trustees of joining Burma against our will and separating her against 
our will. I urge that a settlement, of the financial question be postponed till 
the issue of separation is settled. 

Mr. Jehangir Munshi wished to speak on the merits of the case but as 
he had taken a brief part in the debate the day before he was ruled out. 

OFFICIAL REPLY TO THE DEBATE 

Sir George Schuster replying to the debate, claimed that the debate had 
been on the whole useful. He understood that the general sense of the 
House was in favour of referring the issue to arbitration. 

Sir Abdur Rahim : No now. 

Sir George Schuster was glad at what fell from Mr. Ranga Iyer. The 
issue was essentially an Empire issue and it was not necessary to go outside 
the Empire in order to get an impartial tribunal. He noticed that members 
were silent on his suggestion that members of the Standing Finance Com- 
mittee be associated with the arbitration inquiry. Such members of the 
Committee as had spoken disclaimed expert knowledge. Some suggested 
that experts and other representatives be associated. That was point which 
the Government of India would represent to His Majesty's Government. 

Sir George Schuster next asked the House what would they gain by 
further delay. He said that the issue on behalf of the. Opposition had been 
definitely put by Sir Abdur Rahim. In answering his categorical points, Sir 
George Schuster said: 

"Sir Abdur Rahim has said we cannot be generous and a settlement 
must be fair and must not make separation unduly attractive. 1 entirely 
agree with every word of that but, as after separation we have 
to develop our relations, the financial adjustment must be reasonable 



INDIAN LEGISLATIVE ASSEMBLY. U7 

and allow amicable relations in future. We have the report of the Standing 
Finance Committee which strongly supports the view that the issue be 
submitted to an arbitration tribunal." 

Sir Abdur Rahim: A court should not be appointed now. 

Sir George Schuster : That question does not rest with us. We can only 
represent to His Majesty's Government the views expressed in this House 
and this we shall do, but let me remind the Honourable Members that the 
Premier in closing the Burma Round Table Conference had said that before 
the public of Burma were asked to decide on the issue of separation, they 
should have the financial adjustment before them. We cannot decide other- 
wise here and now. We brought this issue to ascertain the views of the 
House and if the House wishes to postpone discussion, we have no objection. 
We shall represent your views to His Majesty's Government but if inspite 
of these an arbitration does take place, we shall try to gather to ourselves 
the assistance of the nature which will satisfy the House that we have made 
the best effort to represent the case of India in order to secure a fair settle- 
ment." (Applause). 

MOTION ACCEPTED 

The motion was accepted and the debate was adjourned to the Simla 
Session and the President adjourned the House " sine die ". 



18 



COUNCIL OF STATE 
SITTINGS OF THE COUNCIL 

APRIL I, 1932. 

BENGAL DETENUS TRANSFER BILL 

THE Council of State held only two minutes' sitting when the Secretary 
presented the Bengal Detenus Bill as passed by the Assembly 
on March 30, 1932. 

APRIL 4, 1932. 

BENGAL DETENUS TRANSFER BILL (Continued) 

MOTION FOR CONSIDERATION OF THE BILL 

The Elon. Mr. H. W. Emerson, Home Secretary, in moving the consi- 
deration of the Bill reminded the House that the Bengal Council had passed 
by an overwhelming majority the Criminal Law Bill on the model of 1925. 
This was rendered necessary by the series of terrorist outrages of which 
there were no less than 93 during the last twelve months. These outrages 
included 24 murders or attempted murders of Government officials culminat- 
ing in the attempt on the Bengal Governor at the University Convocation 
ceremony. To obtain evidence against the culprits the Government had to 
adopt secret methods and in order to protect the secret informers who gave 
evidence, the Government found that mere detention was not enough. The 
Bengal Government had made out a case for their transfer, not only for the 
protection of secret informers, but also for better discipline in camps. If 
the Bill was passed the detenus would be transferred to Ajmer-Merwara 
shoitly. The Bengal Government and their officers were engaged in a grim 
fight with the terrorist organisation and it was not desirable that their 
officers should be in daily danger of their lives. 

DEBATE ON THE BILL 

Syed Hussain Imam opposed the Bill remarking that detention without 
trial was unjustifiable on any ground. There were many convicted prisoners 
who were more dangerous and yet were kept inside the jails of Bengal. 
But in the case of unfortunate detenus, who had not been tried or convicted, 
they were regarded by the Government as dangerous enough to be trans- 
ported to other provinces. He felt sure that the Government of India would 
not be able to reproduce in the desert of Ajmere-Merwara conditions similar 
to those to which detenus were accustomed in Bengal. 

Mr. M. Suhrawardy admitted the need for coping with the emergency 
situation created in Bengal, but was of opinion that mere dealing with 
terrorists would not serve the purpose. He asked the Government to 
introduce liberal reforms. 

Mr. Ghosh Maulik did not question the principle of the Bill, but stressed 
the need for adequate safeguards, especially in providing for detenus con- 
ditions similar to those that existed in Bengal. 

Mr. J. C. Banerjee entered an emphatic protest against the Bill which, 
he said, was unpopular and unwanted. In view of the fact that the Govern- 
ment were not making provision for travelling allowances for the relatives 
of detenus, it was better that detenus were kept in the Bengal Jails. 
Mr, Banerjee explained the difficulties of detenus regarding correspondence, 



COUNCIL OF STATE. 139 

etcf. and said that if detenus were at all transferred, the Government should 
obtain monthly reports regarding the health of detenus. 

Raja Bijoy Sing of Dudhoria objected to the rights of habeas corpus 
being taken away and said that detention camps must be visited by those 
who enjoyed the confidence of the public and the Government 

Mr. Nripendra Narayana Sinha supported the measure. 

Rai Bahadur Jagadish Prasad wanted information regarding the functions 
of the two judges who would order detention and transfer of suspected 
persons. 

OFFICIAL REPLY 

Sir B. L. Mitter replied that local Governments would place evidence, in 
their possession, before the two judges and they would decide whether 
detention was called for or not. 

Mr. H. W. Emerson repeated the assurance given by Sir James Crerar 
that every effort would be made to reproduce in Ajmer-Merwara conditions 
prevalent in Bengal regarding 1 diet, medical attendance, reading facilities and 
games, etc. The Government were unable to accept the principle' of travell- 
ing allowance owing to the financial situation. 

MOTION FOR CONSIDERATION CARRIED 

Motion for consideration was then carried. 

AMENDMENT TO CLAUSE 2 LOST 

To clause 2 of the Bill Mr. Ghosh Maulik moved an amendment in order 
to ensure that, as far as practicable, similar conditions of detention as regards 
diet and mode of life as would have obtained in Bengal were made and also 
provided for interviews and travelling allowances. The amendment ran 
thus : 

" That the following words be added at the end of clause 2 : 

" Provided further that in case of any such person, rules shall be framed, 
by or under the authority of the Government of India, to ensure as far as 
practicable similar conditions of detention as regards diet and mode of life 
as would have obtained in Bengal, and to provide reasonable facilities for 
correspondence and interviews (including payment by the Local Government 
of travelling allowances, where necessary) between such person by his 
relations. 

" That instead of the words " section 491 " in clause 4, the following 
words be substituted: 

" Section 491 Sub-section 1, clauses (A), (B) and (E). 

" That the following new clause, to be numbered clause 3, be added after 
clause 2 and clause 3 and the remaining clauses be renumbered as clauses 
4, 5 and 6 " : 

Mr. H. W. Emerson said that grant of travelling- allowance would be 
a departure and pointed out that it did not obtain in case of Bombay and 
Madras regulation prisoners. The question of travelling allowance for the 
relatives of detenus was not even considered by the Bengal Council. 

The amendment was lost. 

SECOND AMENDMENT LOST 

Mr. Ghosh Maulik moved another amendment imposing on the Govern- 
ment obligation to obtain monthly reports of the health of detenus for sub- 
mission to the Central Legislature and the Bengal Council. The amendment 
ran as follows : 

"3. Where in exercise of the powers under section 2, any person is 
committed to custody in a jail outside Bengal, the Government of India and 
the Local Government shall obtain a full report at least once a month regard- 



140 THE INDIAN RECORDER. 

ing the heath, comfort and conditions of detention, of every such person, ana 
such reports shall be laid before either House of the Central Legislature 
as well as before the Local Legislative Council at each session thereof." 

Mr. H. W. Emerson said that that procedure was unnecessary and 
pointed out how already, through questions, members of the Legislature were 
obtaining all available information relative to the health of detenus. 

The amendment was lost. 

MR. GHOSH MAULIK'S AMENDMENT TO CLAUSE 4 LOST 

A third amendment was moved by Mr. Ghosh Maulik to Clause 4. It 
urged the Government enabling application to be moved on the ground that 
arrest or detention was not in accordance with the procedure laid down in 
the local act or the present bill, and the merits or grounds of such arrest 
or detention should not be called in question on such application. The 
amendment ran thus: 

" 4. That at the end of clause 4, the following words be added : 

" Provided that nothing in this section shall bar an application on the 
ground that the arrest or detention is not in accordance with the procedure 
laid down in the local act or the local act as supplemented by this Act, but 
the merits or grounds of such arrest or detention shall not be called in 
question on such application." 

The amendment was lost by 21 against 5 votes. 

SIR DAVID DEVADAS'S AMENDMENT TO CLAUSE 4 

Along with this there was also another amendment moved by Sir David 
Devadas for the deletion of clause 4. There was a general support from 
the non-official side of the House for the latter amendment. 

The Law Member opposed it on the ground that the Bill dealt with 
abnormal situations. The local Act might be a bad law but it was the law 
of the land and anyone arrested under it was bound by the provisions of 
clause 4. Deletion of clause 4 would take away the very object of the Bill, 
namely, the protection of informers, and expose them to a danger to their 
lives. 

APRIL 5, 1932. 

CAPETOWN AGREEMENT 

Sir Fazli Hussain read a statement regarding the result of the conference 
between the representatives of India and the United Government which met 
at Capetown last January. The text of the agreement will be found under 
Assembly proceedings. 

Hon. Mr. G. A. Natesan * and Hon. Mr. Ramsaran Das wanted a separate 
day to be allotted for discussion during the Simla session, to which Sir Fazli 
Hussain agreed. 

* Mr. G. A. Natesan, who was a member of the Government of India 
Committee to inquire into the condition of returned emigrants, made 
the following statement on the Capetown Agreement: 

"The agreement is fairly satisfactory and probably the best that could be 
desired in the present condition of things. Repatriation may be considered as dead. 
Exploration of other countries such as Brazil has advantages from the point of view of 
the younger generation of Indians in South Africa, who are faced with unemployment 
consequent on the White Labour policy. Regarding the Transvaal Land Tenure Bill, 
the deletion of Clause Five takes away the sting of segregation. The promise of the 
minister to set up a court to validate the sites for Indian occupation is also hopeful. 
The clause which will be added to the bill taking away* from municipal bodies the formal 
right of granting trading 'licenses is of the greatest importance." 



COUNCILOFSTATR 141 

BENGAL DETENUS TRANSFER BILL (Continued) 
SIR DAVID'S AMENDMENT LOST 

The House further considered Clause 4 of the Bengal Detenus 
Transfer Bill. The amendment of Sir David Devadas was lost. 

CLAUSE 4 CARRIED 

Hon. Mr. S. C. Ghose Maulik doubted the sincerity of Government in 
carrying out the assurances made by them. Owing to the uncompromising 
attitude of Government in rejecting all reasonable safeguards, suggested by 
the members, he strongly urged the rejection of Clause 4 which when put 
to vote was however carried by nineteen votes against nine. 

THIRD READING OF THE BILL 

Sir David Devadas, speaking on the motion for the third reading, 
pleaded that there ought to be a safety-valve against any wrongful arrest 
for detention. His contention was only that in very exceptional cases the 
High Court should interfere under Section 491, Criminal Procedure Code. 
The speaker regretted Government's lack of trust in High Court. Though 
he lost his amendment to delete clause four, he wholeheartedly supported 
the Bill. '<' i 

Syed Hussain Imam, opposing the entire Bill, pointed out how the 
policy of mailed fist in Ireland had failed. As long as this system of rule 
by Ordinances should be continued, there was little hope for peace in the 
country. The schools and colleges produced like machines large number of 
educated youths in the country, and unless liberal reforms were introduced 
and a national programme were set up to employ these youths, Govern- 
ment would miserably fail in their object. 

Hon'ble Mr. G. A. Natesan said that it was a tragedy beyond description 
that Bengal, the home of the pioneers of social reform, education, art and 
science, should at the same time be the field for nurturing terrorists, lie 
hoped that the new Governor of Bengal, who had enough experience in 
Ireland, would take a great step to initiate commercial and industrial plans 
to provide the unemployed and misguided youths. 

Mr. H. W. Emerson thanked the members for their support, even 
though the measure was a repugnant one. He repeated that the assurance 
given in regard to this Bill would be strictly observed. The Government of 
India, as well as the Bengal Government, were in agreement that detention 
was not completely the remedy for wiping out the revolutionary move- 
ment. Every effort was being made to evolve a constitution which would 
be acceptable to all people of India and which would go a long way in 
meeting the demands even of those who are not in agreement. It was 
unnecessary to say that the Government of India would give the Bengal 
Government and the head of the province every measure of support, not 
only on the preventive side, but equally on the constructive progressive 
fields. 

Concluding, Mr. Emerson hoped that the present Bill would cease to have 
effect long before the period, for which the enactment provided, not because 
that the powers of Government had surrendered while the necessity existed 
but because there was no further necessity for such a measure to remain on 
the statute book. 

BILL PASSED 

The Bill was passed. 



BENGAL LEGISLATIVE COUNCIL 

PROCEEDINGS OF THE COUNCIL 

THE summer sessions of the Bengal Legislative Council concluded on 
April 1. The day was mainly devoted to questions and answers. 
Among other business transacted were the formal introduction of Bengal 
Municipal Bill, 1932 and the passing of the Bengal Rhinoceros Protection 
Bill. 

APRIL 1, 1932. 

BENGAL RHINOCEROS PROTECTION BILL 

Discussions were resumed on the Bengal Rhinoceros Protection Bill, 
introduced on March 31, 1932 by the Hon'ble Sir A. K. Ghuznavi to provide 
for the preservation of wild rhinoceros which was, fast getting extinct due to 
organised poaching. A number of amendments were moved and rejected or 
agreed to. The Bill thus amended was put to vote and passed. 

BENGAL MUNICIPAL BILL, 1932 

The Hon. Mr. B. P. Singh Roy introduced the Bengal Municipal Bill, 
1932, which aimed at consolidating and amending the law relating to 
municipalities in this province. 

In introducing the Bill, the lion. Minister said that, if passed into law, 
it would introduce important and salutory changes in the municipal adminis- 
tration of this province, would democratise the constitution and would be 
the first experiment in extended franchise. " It will/ 1 he continued, " place 
powers of additional taxation in the hands of the representatives of the 
ratepayers to enable them to undertake schemes of town improvement and 
schemes conducive to the health and happiness of the people. 

"If proper use is made of this measure, with imagination, foresight 
and tact, it may be reasonably hoped that in 25 years' time our towns instead 
of being conglomerations of unhealthy houses built with utter disregard of 
hygienic rules* served with dusty narrow roads and instead of being the 
dumping grounds of all nuisances as they are at present will be transform- 
ed into beautiful urban areas with well-planned houses, broad, clecin and 
well-lighted streets, with an abundant supply of filtered water and nice open 
spaces, where healthy children will play and develop as able and useful 
citizens." 

REASONS FOR INTRODUCING THE BILL 

It was stated that although the existing Act, which had been in force 
for nearly 50 years, was still wide enough in its scope to meet the needs 
of many towns in Bengal, it naturally failed to reflect or provide for several 
new developments in municipal administration which merited the attention 
of even petty municipalities. 

Explaining further the reasons for the Bill, the Hon. Minister said that 
there was quite a large number of municipalities whose population, education, 
wealth and importance as centres of commerce and industry, justified 
increased popular control over civic administration and power to undertake 
useful projects for improving the health and comfort of the citizens. 



BENGAL LEGISLATIVE COUNCIL 143 

Many problems and factors like the presence of a large labour popula- 
tion, housing, adequate supply of drinking water, proper lighting, supply of 
pure food and building of houses with due regard to hygienic rules, con 
struction of streets to accommodate growing traffic were problems not 
adequately provided for in an Act passed half a century ago. To meet some 
of these difficulties, amendments of certain sections of the Act? were under- 
taken in 1886, 1894 and again in 1896. But the Government had felt the 
need of a comprehensive amendment of this Act ever since 1905 and they 
desired to re-enact the measure as a whole on more modern lines. 

Nothing, however, materialised till 1925, when a Bill, drafted during 
the ministry of the late Sir Surendra Nath Banerjea, was introduced in the 
Council by the late Maharaja Bahadur of Nadia, then in charge, of the 
Department of Local Self-Government in the absence of a Minister. But 
unfortunately, the introduction being opposed, the Bill was thrown out. Last 
year, following the meeting of a Committee at Darjeeling, the present Bill 
was prepared. 

SALIENT FEATURES OF THE BILL 

Dealing with the salient features of the Bill and the principal improve- 
ments contemplated, the Minister said that, as regards constitution, the 
schedules in the present Act providing for the appointment by the Govern- 
ment of all the commissioners and the chairman had been abolished and 
the proportion of elected commissioners has been increased to three-fourths 
instead of two-thirds in the, case of average municipalities, while, in certain 
advanced municipalities, the proportion of the elected had been raised to 
four-fifths. 

In view of the administrative difficulties which might arise in the 
formation of a new municipality, the Government had retained power in 
such cases to nominate all the commissioners for a period not exceeding 
one year. 

To safeguard the rights of minorities under this wide- extension of the 
elective system, the Government had, in this bill, taken the power to alter 
the number of commissioners to provide specially by rule, for the represen- 
tation of minorities, and, in the case of industrial areas, to increase the 
number of nominated commissioners or to provide for the proper represen- 
tation of the industry or labour and of other inhabitants not directly 
connected with the industry by special electoral constituencies in each case. 

The franchise had been greatly widened : and provision made against the 
commission of corrupt practices or the using of undue influence, and a special 
procedure had been prescribed for the prompt disposal of election disputes. 

Provision had also been made for the election of more than one Vice- 
Chairman and the appointment of a whole-time Executive Officer for large 
municipalities. Statutory recognition had been given to the formation of 
standing committees. 

Government Control 

The next point, the Minister said, was control by Government. By 
increasing the elective element in municipal boards, Government had aban- 
doned its old system of " internal control." The popular voice had been 
thereby given greater freedom in the direction of policy and the details of 
administration. At the same time a very large extension of powers over 
the property and personal rights of the ratepayers had been given to the 
popular representatives. The function of the State was to secure the proper 
exercise of discretion by the Commissioners without undue interference with 
the principle of local autonomy and that could only be effected by vesting 
Government with adequate power of "external control." 



144 THE' INDIAN RECORDER. 

The Bill provided a new and alternative method of intervention, as 
empowering the Local Government, where default, mismanagement or abiise 
of power was proved, to dissolve the municipal board instead of superseding 
or suspending its constitution. 

Finance and Taxation 

Important changes, he continued, had been introduced with regard to 
municipal finance and taxation by the proposal to abolish the existing tax to 
persons. That tax was difficult to assess, and gave rise to widespread com- 
plaints of unfair incidence. The rate on holdings was a far more scientific 
and satisfactory form of taxation and it was desirable that it should be 
adopted throughout. 

A further important innovation was the proposal to create a panel of 
municipal assessors. Re-assessment was undoubtedly at present a weak 
point in some municipalities, and, in providing* for the creation of a body of 
independent and impartial assessors, the Government were merely adopting 
a system which had always been in force in the democratic municipalities 
in Great Britain. 

BILL REFERRED TO A SELECT COMMITTEE 

The Bill was referred to a Select Committee consisting of Mr. S. M. 
Bose, Khan Bahadur Maulvi Alimuzzaman Chaudhuri, Rai Keshab Chandra 
Banerji Bahadur, Khan Bahadur Maulvi Azizul Haque, Rai Satyendra Kumar 
Das Bahadur, Munindra Deb Rai Mahasai, Mr. Narendra Kumar Basu, Khan 
Bahadur Maulvi Muhammad Abdul Momin, Mr. J. E. Ordish, Mr. C. W. 
Gurner, Babu Girish Chandra Sen, Mr. Khetter Mohan Roy, Khan Saheb 
Maulvi Muazzam AH Khan, Mr. Abul Kasem, Mr. S. C. Bal, Mr. W. C 
Wordsworth, Mr. J. L. Banerjee, Mr. A. F. M. Abdur Rahaman and' the 
Hon. Mr. B. P. Singh Roy. 

INTERPELLATIONS 

ILL-TREATMENT TO SJ. DHIRESH CHAKRAVORTI 

Interrogated on the alleged ill-treatment to Sj. Dhiresh Chandra 
Chakravorti, Editor of " New Era" (a Nationalist English Weekly of 
Calcutta) who was convicted under Section 117 I. P. C. and sentenced to 
two years' rigorous imprisonment by the Sub-Divisional Officer of Munshi- 
gunj on or about the 25th January last and was removed' from the Munshi- 
gunj s lib- jail to the Dacca jail on or about the 27th January in a hand-cuffed 
stale, the Hon. Mr. W. D. R. Prentice admitted the fact and added that while 
Dhiresh Babu was being taken along the road, a European police officer who 
was in the thana by the roadside rushed out and assaulted Dhiresh Babu 
with a blow but there was a certain amount of provocation,, and the officer 
was totally unaware that Dhiresh Babu was hand-cuffed. His spectacles were 
broken, but he was not rendered unconscious. It was given to understand 
by Mr. Prentice that action was being taken, both in respect of that occur- 
rence, and with a view to avoid the recurrence of such incidents which 
Government believed to be rare, and of which they entirely disapproved. 
Further questioned, the Hon. Member stated that the report of provocation 
came from the District Magistrate and that no statement was taken from 
Dhiresh Babu. 

TREATMENT TO LADIES IN LOCK-UP 

The Hon. Mr. W. D. R. Prentice told Mr. S. M. Bose that on February 25, 
three Hindu ladies viz., Miss Santi Neogy B.A., Miss Bina Das Gupta and 
Mrs. Niraja Bhattacharya, were arrested along with others for being mem- 
bers of a procession in the streets of Calcutta. The Hon. Mejnber admitted 



BENGAL* LEGISLATIVE COUNCIL. 145 

that during their detention in the lock-up at the Jorasanko thana or at 
Lalfcazar, their guardians were not permitted to supply them with food. 
Asked if it was a fact that they remained without food till the next day, 
the Hon. Member, replying in the negative, said that they had 
food about 6 p.m. on 25-2-32 and 7 p.m. on 26-2-32. Asked if it 
was a fact that at Lai Bazar their ornaments including bangles and ' sankha ' 
and ' loha ' were, taken off and removed, Mr. Prentiqe stated that on request, 
.they made over bangles, earrings and neck-chains. 

The Hon. Member denied the suggestion that the ladies strongly pro- 
tested against such removal or that, under threat of removal of the orna- 
ments by force, they were compelled to take them off themselves. 

He confessed that the Government were not aware that removal of the 
ornaments mentioned was regarded as a sign of widowhood. The Hon. 
Member added that the trying Magistrate Mr. Wazid Ali directed that 
ornaments necessary according to religious custom should be given back 
to the ladies. 

VISITOR FOR HIJL1 SPECIAL JAIL 

The Hon. Sir B. B. Ghose informed Mr. R. Maiti that there was no 
Hindu non-official visitor for the Hijli Special Jail. The reason, he added, 
was that, through a misapprehension, the Additional Special Jail at Hijli had 
been regarded as a sub-jail and under the rules for sub-jails two gentlemen 
who happened to be non-Hindus were appointed non-official visitors. The 
Divisional Commissioner was being asked to treat the jail as a district jail 
for which three gentlemen visitors were prescribed and to appoint one Hindu 
non-official visitor and two lady visitors. 

UNEMPLOYMENT PROBLEM 

Answering Mr. S. C. Roy Chowdhury, the Hon. Mr. Faroqui said that 
it had not been found feasible to initiate any practical measures for tackling 
the unemployment problem. Government did not keep any record of the 
number of those unemployed nor did they consider the preparation of an 
annual census of unemployed to be a practical proposition. Government 
recognised that unemployment due to economic stress was one of the causes 
which had contributed to the commission of crimes against property. And 
although Government did not think that with the limited resources at their 
disposal they could do much to mitigate the effects of unemployment, Gov- 
ernment were prepared to consider any scheme which would help to solve 
unemployment and consequent economic distress among the middle classes. 
With that end in view an informal meeting of officials and non-officials was 
recently held and the Committee's conclusions were now under consideration. 

SELECT COMMITTEE REPORT ON BENGAL MUNICIPAL BILL 

The Report of the Select Committee which was appointed to consider 
the Bengal Municipal Bill, 1932, introduced in the Bengal Legislative Council 
on April 1, 1932, was published on June 30. The Report contains 9 minutes 
of dissent. 

The Committee does not think that the bill has been so altered as to 
require republication and recommends that the Bill as amended by it be 
passed by the Council. 

MAIN CHANGES 

The following are, among others, the principal changes made in the bill: 

The disqualification 'of women to stand as candidates for election as Commissioners 
has been removed, as there is no longer any justification for excluding women from 
these offices. The franchise has been extended to women by removing their disqualifica- 
tion to be voters at municipal elections. Payment of any sum, however small in amount, 

19 



146 THE INDIAN RECORDER. 

as municipal rates, tools, fees and taxes by persons who are residents for a period of 
12 months immediately preceding the election has been made one of the qualifications 
of voters. The mere payment of income-tax as a qualification of a voter has been omitted 
as in several cases refunds are claimed and obtained although income-tax is paid by 
deduction at the source on some incomes which are not really assessable to income-tax. 
The educational qualification of voters has been reduced to the passing of Matriculation 
or *cfljin'valent examination of the Calcutta and Dacca Universities. 
,", Sub-clauses (2). (3), and (4) have been omitted as it is not desirable that the 
election of Chairman shall be subject to the approval of the Local Government. New 
sub-clause (2) makes, it clear that the appointment of Chairman by the Local Government 
is'J be ;. ordinarily confined to non-official Chairman of the municipality. The election 
o,f Chairman is not subject to the approval of the Local Self-Government. The removal 
of a Commissioner for misconduct, has been made subject to a recommendation by a two- 
thirds majority of the Commissioners at a special meeting. In sub-clause (2) (a) the 
disqualification is now confined to conviction of an offence involving moral turpitude 
and the inquiry by the Local Government has been omitted. It is considered desirable 
that the appointment of Executive Officer, Secretary, etc., to he made on the requisition 
of Government should be made only after consultation with the Commissioners. The 
pay of these officers should also be fixed by the Commissioners at a meeting subject to 
^c approval of the Local Government. Sub-clause (4) has been revised so as to provide 
that except in the case of Sanitary Inspectors the provision about the appointment of 
Executive Officer, Secretary, etc. shall not apply to municipalities whose income is less 
than fifty thousand rupees. A new clause (86A) has been inserted as it is desirable to 
give the Commissioners power to hold and acquire movable and immovable properties 
within or without the municipality. 

The clause which requires that rules and by-laws made by the Commissioners under 
the Act shall not take effect unless and until they have been submitted and confirmed 
by the Local Government has been retained. Sub-clause (4) has been omitted as it is 
considered desirable by ttie Committee that even model rules when adopted by the 
Commissioners of a municipality should be confirmed by the Local Government. Sub- 
clause (2) has been recast to provide for three alternative actions by the Government 
after the order of suppression under clause 538. The Local Government has been 
given power to reconstitute the municipality even before the expiry of the period of 
supersession. Chittagong has been included in the list of municipalities in which four- 
fifths of the total number of Commissioners shall be elected and the remaining one- 
fiftli appointed by the Local Government. Howrah and Dacca are the other two 
municipalities that were included in this list in the original bill. 
S. D. O.'s Power Taken Away 

The Sub-divisional officer has been deprived of the power to inspect municipalities 
within his jurisdiction. 
Seats For Minority Community 

A new clause has been inserted in the bill (clause 17 A) which reproduces the 
principle underlying sub-clause 2 of clause 18 and states that the Local Government 
may by rule make necessary provision for representation of any minority community 
within a municipality. The addition made in sub-clause (1) is with the object of giving 
power to the Government to fix the number of Commissioners to be elected from each 
ward of a municipality. 

Electoral Roll Committee 

In order to secure the purity of election the duty of the, preparation of the electoral 
roll has been entrusted to a committee of three 1 persons instead of to the Chairman alone. 
The provision about the approval of the Local Government to the delegation of powers 
to the Vice-Chairman has been deleted as it was unduly restrictive. 

Provision has been made for a deposit of rupees one hundred by candidates to 
avoid candidates filing candidatures without bona-fide intention of contesting election. 

OPPOSITION TO THE BENGAL MUNICIPAL BILL 

The Bengal Municipal Act (Amendment) Bill, 1932, was strongly 
criticised in the All-Bengal Municipal Conference held in Calcutta on June 25. 
Mr. Barada Prosanna Pain, the Chairman of the meeting, thought that the 
present Bill, quite good in parts hut very bad in others, was a Bill of un- 
justifiable and unaccountable retrogression in many respects. 

The good points in the Bill were the increased elected representation, {he doing 
away with the two schedules under the present Act providing for appointment by Gov- 
ernment of all the Commissioners and of the Chairman of Schedule II 1 Municipality, the 
provisions about the widening of the franchise, the wide powers of control given about 



BENGAL LEGISLATIVE COUNCIL. 147 

SELECT COMMITTEE REPORT ON VILLAGE SELF. 
GOVERNMENT (AMENDMENT) BILL 

The principal changes made by the Select Committee on the Bengal 
Village Self -Government (Amendment) Bill, 1931, introduced in the Bengal 
Legislative Council by Munindra Deb Rai Mahasai, are: 

It has been provided in Clause 2 of the Bill that the small irrigation projects 
should be subject to the sanction of the Commissioner. 

It was not considered desirable that contributions should be made to libraries under 
private management. 

Clause 4 of the Bill has been omitted as being unnecessary. 

The report of the Select Committee has been signed subject; to minutes of dissent 
by three members. 

MINUTES OF DISSENT 

Mr. Munindra Deb, Rai Mahasai, in the course of his minute of dissent, states 1 : 
"It is unfortunate that Clause 4 of the Bill has been deleted. It should have been 
so amended as to make it obligatory to the District Boards to set apart a certain per- 
centage of its income for aiding Union Boards. This would have served as an incentive 
to the Patter to undertake works of public utility by raising funds under Section 37 (B) 
of the Bengal Self-Government Act of 1919. The present provision in the Act that 
the "District Board shall make a suitable grant-in-aid " in case the Union Boards impose 
taxes under Section 37 (B), is vague as the suitability of the grant has been left 
entirely at the mercy of the District Boards. In my opinion, a definite percentage (at 
least 50 per cent) should be fixed to be given to the Union Boards under Section 45 
for expenditure by themselves, and Government should have no hesitation in enforcing 
this fixed percentage by making proportionate deductions from the augmentation grant 
and paying them direct to the District Magistrate for distribution among the Union 
Boards. Unless this is done, Union Boards will never be treated really fairly by District 
Boards, and it is most important in every way that Union Boards should be helped and 
encouraged as much as possible." 

Dr. Naresh Chandra Sen-Gupta, in his note of dissent, sympathises with the 
proposals for expanding the powers and functions of the Union Boards such as are 
contemplated by this Bill. But he feels that such provisions must remain mere pious 
declarations unless some means is found to add to the funds of (the Union Boards. 
He is afraid that the introduction of these clauses might encourage the diversion of 
the exiguous resources of the Union Boards to these purposes to the neglect of other 
more urgent functions. 

Mr. J. L. Bancrjc* says in his note of dissent, " I do not understand why 
the Union Boards should have to wait for the "sanction of the Commissioner" even 
in undertaking " small " irrigation projects. This sort of thing is enough to stultify 
the activities of local self-governing institutions and destroy whatever power or initiative 
they might be expected to possess." 

Bustees, over construction of buildings and for the control of infection, and the provisions 
relating to the manner of realisation of rates and taxes, 

He enumerated instances where the Bill may be sad to be definitely retrograde 
and re-actionary as follows: (1) Separate electorates, (2) Power of Government to make 
rules, and (3) Social boycott disqualification. Pointing out his other objections to the 
Bill, Mr. Pain said that they ought to express their strong disapproval of section 63 
of the Bill. The Commissioners of a Municipality should be free to decide the kind 
of officers they should employ, and to fix their salaries and allowances and Government 
dictation on these matters would lead to continual friction and bitterness. Section 131 
was an unwarranted interference with the right of the Commissioners to choose their 
own officers, to compell them to choose their Assessor from a list prepared by Govern- 
ment and ought to be strenously resisted. As regards section 133 it appeared to be 
ridiculous to suggest that the Appeal Committee of three shotild include an outsider 
appointed by the Local Government. 

Regarding the provision enabling the Local Government to require the Commis- 
sioner* of certain Municipalities to appoint an Executive Officer, Mr. Pain thoxtght that 
this sbettid be left to the Commissioners as a matter of their own free will. He was 
not enamoured of section 442 empowering the Local Government to prescribe the per- 
centage of income of certain Municipalities which shall be applied tc the purposes of 
primary education. He was opposed to this Government intervention. 



348 THE INDIAN RECORDER. 

TERM OF COUNCIL EXTENDED 

The term of the Bengal Legislative Council was due to expire in July 
but, in view of the fact that two important official bills, namely, the Bengal 
Municipal Amendment Bill and the Bengal Rural Self -Government Bill 
had passed the Select Committee stage and awaited the final decision 
of the Provincial Legislature, the term of the Council was extended by one 
year. A notification by H. E. the Governor of Bengal dated the 27th June 
stated : 

"In exercise of the power conferred by proviso (b) to sub-section (1) of section 
72- B of the Government of India Act, I hereby extend the term, of the Bengal Legislative 
Council for a period of one year from the 1st July 1932; the special circumstances in 
which I have thought fit to extend the term of the Council being 

(1) The existence of urgent business requiring the attention of the Council and 

(2) Impending constitutional developments." 

His Excellency appointed Monday, the 1st August, 1932, 3 p.m., 
as the time and the Council House, Calcutta, as the place for a meeting of 
the Bengal Legislative Council. 



U, P. PROVINCIAL LEGISLATIVE COUNCIL 

PROCEEDINGS OF THE COUNCIL 

THE Summer Session of the United Provinces Legislative Council opened 
in Nainital on June 13, the Hon'ble Sir Sita Ram presiding. 

JUNE 13, 1932. 

A message from His Excellency the Governor, recommending reconsider- 
ation of a particular clause in the United Provinces Assistance to Tenants 
Bill was read. 

It was announced that the Governor-General had assented to the U. P. 
Goondas Act, the U. P. Court Fees Amendment Act, the U. P. Stamp 
Amendment Act and the U. P. Land Revenue Amendment Act. 

IMMORAL TRAFFIC BILL 

Almost the whole day was devoted to the consideration of the Select 
Committee report on the Suppression of Immoral Traffic Bill which was 
moved by Mr. E. Ahmed Shah. The object of the measure was to check 
commercialised prostitution in the province. When, however, the third 
reading was moved, objection was raised by a Muslim member, which was 
upheld by the President. 

NO-TAX CAMPAIGN IN U. P. 

Replying to Mr. Chintamani, Mr. Blunt declined to give any information 
whether the local Government had been consulted on the question of the 
renewal of the ordinances or legislation in lieu thereof, on the ground that 
it was a confidential matter. About the no-rent campaign he stated that it 
was started in last December in five districts of the province. By the begin- 
ning of the following month nine districts had become affected. The launch- 
ing of the. civil disobedience campaign throughout India gave a great impetus 
to the movement which attained its greatest expansion in January. There- 
after, owing to action under the ordinary law and the ordinances, it declined 
and gradually became confined to areas from which it originated, specially 
Allahabad, Cawnpore and Agra. The last month saw an attempt to revive 
a general interest in the movement and there was no doubt that efforts were 
being made in a number of districts by means of pamphlets and unobtrusive 
propaganda to revive: the no-rent campaign. 

JUNE 16, 1932. 

WOMEN ON DISTRICT BOARDS 

The United Provinces Legislative Council passed the Bill piloted by 
Mrs. Kailash Srivastava to amend the United Provinces District Boards Act, 
with the object of providing more adequate representation to women on 
those bodies, especially when there was no chance for them to get in by 
election. The Act is aimed to enable the Government to nominate a woman 
member to every Board in the Province. 

An amendment was carried by the Council that Mrs. Sriyastava's Bill 
empowering the Government to nominate women on all district boards in 



150 THE INDIAN RECORDER. 

the province should remain in fore* only during the life-time of the present 
boards. Mr. Srivastava accepting that amendment said she expected that 
women would be enfranchised before the next election. 

It may be mentioned that the Select Committee with the casting vote of 
the Chairman, the Hon'ble Nawab Mahomed Yusuf, inserted a provision in 
the Bill, to the effect, that in nominating a woman member, the Minister 
should not alter the existing communal proportion. 

Among those who opposed the amendment was the author of the Bill 
herself, Mrs. Srivastava, who moved for its deletion. 

In the course of the debate oti the amendment, speakers belonging to 
both the communities complained that communalism had been sought to 
be introduced by the inclusion of the provision. 

The Minister-in-charge, Nawab Mahomed Yusuf, observed that it was 
purely a matter of principle, and that there was no question of communalism. 
He added that if the principle was embodied, it would equally affect both the 
communities. 

The motion to delete the amendment was rejected. 

JUNE 17, 1932. 

IMMORAL TRAFFIC BILL REJECTED 

The following is the concluding portion of the debate on Mr. E. Ahmad 
Shah's bill for suppression of immoral traffic. 

Mrs. Kailash Srivastsava felt disappointed at the attitude of those who 
opposed the bill. Referring to the fear expressed by Chaudhuri Muhammad 1 
All that rescued girls might be forced to change their religion, Mrs, Srivas- 
tava asked what was woman's religion but her moral character. She asserted 
there would be no dearth of rescue homes for girls who were rescued. 

Nawabzada Liaquat Ali Khan said that he had listened with great asto- 
nishment and disappointment to the speeches of those members who had 
spoken in opposition to the Bill. As had been pointed out by the mover, the 
object of the Bill was not to stop prostitution altogether, but was to check the- 
evil of commercialised vice. It meant that if any man on account of economic 
depression got hold of a few women and lived on their earnings by prostitu- 
tion, that man should be punished. The Bill did not propose compulsory 
marriages for rescued girls but only proposed to take girls from evil sur- 
roundings and to give them a chance to choose any other profession. The 
speaker finally expressed surprise at a speech made by the Home Member 
and said it was very inconsistent for the Government to remain neutral after 
having participated in the division and debates on the previous day. The 
speaker concluded, " Every vote that will be given against the Bill to-day 
will be a vote in favour of organised commercial prostitution in this 
province." ( 

Mr. E. Ahmad Shah, the mover, replying to the debate, emphasised that 
the Bill was not against prostitution as a whole but was only meant to 
deal with commercialised and organised prostitution. 

The Bill was eventually rejected by the House by 35 votes against 30. 

U.P. DISTRICT BOARDS AMENDMENT BILL 

The United Provinces District Board Bill moved *by the Education 
Member was then discussed. The Bill sought to ensure improved vernacular 
education in the rural areas. Thei opposition attacked the Bill on the ground 
that it encroached on the rights and privileges of autonomous district boards 
and their education committees. Several amendments were moved. 



U. P. PROVINCIAL LEGISLATIVE COUNCIL. 151 

JUNE 18, 1932. 

U. P. DISTRICT BOARD AMENDMENT BILL (Continued) 

Discussions were resumed on the Bill to amend the District Boards Act. 
The opposition carried a number of amendments. One of them was that 
the chairman of the education committee, when appointed by the Govern- 
ment on the failure of the committee to elect one within 30 days of its 
constitution, shall not be a salaried officer in the service of Government. 
Another was that the vice-chairman shall exercise the powers delegated to 
him by the chairman of the education committee. The third was that by 
the vote of a majority of its members the education committee might get 
the deputy inspector transferred from the district. There was a prolonged 
and heated debate, which lasted for nearly three-and-a-half hours, on another 
amendment moved by Babu Ram Bahadur Saksena that the secretary of 
the district board should be the secretary of the education committee unless 
the committee itself desired to have the deputy inspector of schools as its 
secretary. The Bill, on the contrary, only provided that in eviery district the 
deputy inspector should be the secretary of the education committee. Mr. 
Sexena moved the substitution of the following clause for it : ' The secretary 
of the district board shall be the secretary of the education committee, 
provided that, if the committee so desires, the deputy inspector of schools 
shall be its secretary.' Mr. Saksena gave a highly interesting historical 
account of the growth of vernacular education in the province since the 
district collector ceased to be the chairman of the district and municipal 
boards and said that every education committee since it was constituted was 
working under a serious handicap in having as its secretary the deputy 
inspector of schools, over whom the committee had absolutely rio control. 
The result of that arrangement was that the deputy inspector was all-power- 
ful and the chairman of the education committee actually became a dummy, 
though the chairman was entrusted with all powers over education previously 
exercised directly by the district board, Besides, in many cases the deputy 
inspector danced to the tune of the Education department and there was 
frequent friction between the education committees and the district boards, 
as a result of which the cause of vernacular education in several districts 
greatly suffered. To obviate all trouble, the speaker strongly advocated the 
appointment of secretaries of district boards as secretaries of education 
committees. 

Mr. Jyotiprasad Upadhyaya moved another amendment that a two- 
thirds majority of the education committee could get rid of the deputy 
inspector-secretary if they so desired. An amendment to that amendment 
suggested the power of removal to be placed in the hands of a bare majority. 

The Minister-in-Charge said that the Government would not accept Mr. 
Upadhyaya's amendment. 

By 61 against 24 votes the Council decided to retain the provision in 
the Bill for deputy inspectors being appointed as secretaries of education 
committees and Mr. Saksena's amendment was therefore not put to the 
House. 

Since Mr. Saksena's amendment fell through, Mr. Harrop, the Director 
of Public Instruction, rose to speak on that of Mr. Upadhyaya and resiled 
from the position adopted by Mr. Srivastava. He was- willing to accept the 
principle of Mr. Upadhyaya's amendment but not the amendment itself and 
he was against empowering a bare majority of the education committee to 
remove the deputy inspector-secretary. He said the Education department 
would do the needful and adopt rules in the Educational code to accept the 
education committee's verdict. Mr. Chintamani pointed out that giving 



152 THEINDIANR E.C,O R D E R* 

power to more than a bare majority would be to empower the minority, and 
the Government's assurances, however earnest, could not take the place of 
3 statutory provision. Nawabzada Liaqat AH Khan exposed the conflict 
between Mr. Srivastava's and Mr. Harrop's statement. The amendment of 
Mr. Upadhyaya was then carried. 

INTERPELLATIONS 

COURT OF WARDS ACT 

Replying to some short notice questions of Raja Jagannath Bakhsh 
Singh, Mr. E. A. H. Blunt, Finance Member, informed that the intention of 
the Government was to introduce a bill to amend the Court of Wards Act 
in the next session of the Council. 

PRISONERS IN JAIL 

Replying to Mr. Chintamani, Mr. E. A. H. Blunt,, Finance Member, said, 
* that the number of prisoners actually in jail on June 1 was 6,150 or 368 
less than the number on May 1 and since most sentences were for a period 
not exceeding six months it will certainly fall very rapidly during the next 
few weeks. Anything further that I might say would be almost entirely an 
expression of opinion, not of fact, and as the hon. member knows, questions 
and answers must restrict themselves entirely to facts. It is, however, the 
Government's intention to issue at the end of this month or the beginning 
of the next a statement which will give in rather more detail the political 
history of the last six months.* 

RELEASE OF POLITICAL PRISONERS 

Replying to question of Hafiz Mohammad Ibrahim, the Home Member 
said that a number of prisoners convicted in connection with the political 
agitation had been released prior to the completion of their sentences. In 
ordering such releases the authorities had been influenced by the state of 
the prisoners' health, the nature of the offence and the likelihood; of its 
being repeated. A number of persons had apologised and had been re- 
leased on conditions which they had accepted. Others had not accepted 
any conditions, but had been served with orders under the Emergency 
Powers Ordinance to refrain from similar offences in future. The Govern- 
ment could- not say how many such prisoners had been released before their 
sentences expired without making a detailed inquiry from every district which 
would take time. Formal orders were issued by the Government in every 
case under sec. 401 of the Criminal Procedure Code, but the district officers 
were authorised to release in anticipation of such orders. Information is 
possession of the Government was not complete. 

JUNE 20, 1932 

DELAY IN ANSWERING QUESTIONS 

Non-compliance with standing orders in the matter of answering ques- 
tions in the most prompt manner possible was strongly commented on by 
the President, the Hon. Sir Sita Ram. 

The order paper showed that answers to two questions asked by Mr. 
Chintamani had been postponed at the request of the Government. 

The question related to the health of Pandit Jawaharlal Nehru, Pt. 
Govindballabh Pant and two other political leaders then in jail and as to 
whether or not the District officers had been asked by the Government or 
any member thereof assist in obtaining financial support to the "The 
Pioneer " newspaper. 



IT. p. PROVINCIAL LEGISLATIVE COUNCIL. 151 

As regards the first question the President observed that if the answer 
was postponed till October, the matter would perhaps cease to be of any 
public interest. He added that if in the future these orders were not com 
plied with and postponement was asked for on grounds which were not 
adequate, the Chair would have to see what to do. He hoped that the Chair 
would not be compelled to take action. 

The Finance Member, the Hon. Mr. E. A, H. Blunt, as Leader of the 
House, regretted that there had been those complaints, and that there had 
been grounds therefor, and promised to do his best to see that there was 
no occasion for them in the future. 

U. P. DISTRICT BOARD ACT PASSED 

Without a division the Council then accepted the Bill moved by the 
Minister for Education, the Hon. Mr. J. P. Srivastava, to amend the United 
Provinces District Boards Act. 

JUNE 21, 1932. 

Questions to which attention was invited by the President on the pre- 
vious day were answered that day by the Home Member, who said that 
the Government had no information regarding the present condition of the 
health of the four political leaders then in jail. Inquiries were being made 
as to their health. 

As regards the query concerning the Pioneer, the Finance Member 
stated the day before that the answer was an emphatic " No." Later in the 
day however he qualified the answer and said that it was an emphatic "No " 
except for one member of the, Government whose name need not be mentioned 
because it was well known. 

The Council voted Rs. 12,518 for the department of Publicity and 
Reforms by 59 votes to 16 as well as other supplementary demands for 
grants. 

It also passed Mrs. Kailash Srivastava's Bill to amend the United Pro- 
vinces Municipalities Act to ensure greater representation of women on 
those bodies. 

The Council was then adjourned sine die. 



PUNJA LEGISLATIVE COUNCIL 

PROCEEDINGS OF THE COUNCIL 

THE April-May session of the Punjab Legislative Council commen:ed at 
Lahore on April 28. The House took into consideration the Punjab 
Municipal Amendment Bill, Anti-Picketting Bill and Molestation Bill, 
Punjab Municipal Bill, Reduction of Crop Dues, etc. 

APRIL 28, 1932. 

PUNJAB MUNICIPAL AMENDMENT BILL 

Municipal Amendment Bill was sponsored by Dr. Gokalchand Narang, 
Hon. Minister for Local Self-Government. It sought to increase Govern- 
ment control over the municipalities and to check waste of municipal funds, 
if there be any. The Bill further sought to authorise officials to suspend or 
prohibit the doing of acts in excess of powers conferred by law to self- 
governing bodies, or acts contrary to the interests of the public or likely 
to cause damage to municipal property or likely to lead to a breach of peace, 
or to encourage lawlessness, or to cause injury or annoyance. 

Dr. Narang presented to the House the report of the Select Committee 
on the Bill. Objections were raised by non-official members to the presenta- 
tion of the Bill on the grounds of illegality or irregularity. They alleged 
that the report that was being presented was not the same as' that signed 
by the Committee and that it contained certain clauses which went beyond 
the scope of the Bill, and suggested the raising of taxation for the main- 
tenance of an Inspectorate for inspecting the municipalities. 

The Minister, explaining, stated that originally the report consisted of 
48 paragraphs and it was duly signed. The present report, contended the 
Minister, was the same with the addition of five paragraphs and besides 
that addition was made with the knowledge of the Select Committee. The 
President upheld the objections and ruled that the report was irregular, 
being improperly signed. 

The Minister then sought the permission of the President to present the 
second report which was also disallowed on the ground of irregularity as 
it contained a proxy signature of a particular member. 

The President held further that the meeting of the Select Committee 
having been concluded, the Committee was a defunct body and the Bill could 
not further be proceeded with. The only course that remained was to 
introduce a fresh bill. 

BILL TO PROTECT CERTAIN ANIMALS 

On the motion of the Revenue Member the House agreed to refer to a 
Select Committee the Bill protecting certain wild animals. 

MAY 5, 1932. 

ANTI-PICKETING BILL AND MOLESTATION BILL 

The non-official Picketing and Molestation Bill which proposed to 
penalise all forms of picketing and loitering was discussed in the Council 
The author of the Bill, Mr. Faiz Mohamad, introduced the report of the 



PUNJAB LEGISLATIVE COUNCIL. 155 

Select Committee which was characterised as illegal by Mr. Mohanlal, on the 
ground that not only the Bill had not been signed properly by the Com- 
mittee Members, but that its contents were incorrect. 

Mr. Sale, the Legal Remembrancer, who acted as the Secretary of th 
Select Committee, admitted that signatures of the Members of the Select 
Committee were obtained on blank papers. The Minister of Local Govern- 
ment, in supporting the report, said that the President had no jurisdiction to 
decide on the legality of the bill. The President, on the other hand, held 
that he had ample jurisdiction to question the legality of any bill even if 
not objected to by the members and, in support of his view, cited prcedents 
in the Legislative Assembly where the Press Bill was thrown out on the 
ground that it was not properly published in the official organ. 

Rising on a point of information, Captain Sikaudar Hayat, Leader of 
the House, asked as to what steps the House could take against the members 
of the Select Committee if they refused to sign the report. The President 
observed that disciplinary action could be taken against them. 

The President ruled that the Bill was thrown out and that a fresh Bill, 
would have to be introduced. 

CLASSIFICATION OF PRISONERS 

The Finance Member, replying to an interpellation by Lala Jyotiprasad, 
admitted that Swami Raghunath Das, Lala Kanhaiyalal and Lala Manohar- 
lal, all of Bhiwani, who had been convicted in connection with the present 
Congress movement, were degraded from " B " division to " C " division in 
spite of the recommendations of the trying Magistrate to the contrary 

Replying to another interpellation by the same member, the Finance 
Member stated that up till now 1,133 persons were convicted of whom only 
20 were placed in the " A " division and 54 in the " B " division and the 
trying court's recommendation for better classification was -rejected in 28 
cases only. 

Replying to another interpellation, the Finance Member said that 88 
ladies had been convicted up-to-date of whom only 6 were placed in the 
" A " division, 31 in the " B " division and SI in the " C " division. 

MAY 6, 1932. 

REDUCTION OF CROPS DUES & RAILWAY FREIGHT 

Two resolutions were passed by the Punjab Legislative Council. 

The first recommended to' Government that all dues for ' rabbi ' crops to 
this year throughout the province be reduced by SO per cent., and the second 
resolution recommended to the local Government that urgent representation 
be made to the Government of India advocating the necessity for the reduc- 
tion of railway freights on food grains generally, and that immediate 
reduction be made in respect of food grains carried to the Ports of Calcutta 
and Karachi in particular. 

A gloomy picture of the economic condition of the agriculturist wa* 
painted by speaker after speaker while discussing the first resolution. 

Khan Bahadur, Captain Sikandar Hayat Khan, Revenue Member, 
appreciated the plight of the zemindars owing to the drop in the prices of 
produce, but pointed out that the enormous remissions granted totalled so 
far four and a half crores of rupees. Government had also reduced their 
expenditure and were in favour of further remissions. The Retrenchment 
Committee had recommended a saving of Rs. 240 lakhs, and Government 
had already effected savings to the extent of two crores of rupees; but 



156 THE INDIAN RECORDER. 

further savings had been stopped by the members themselves, who urged 
the abandonment of that scheme of retrenchment for that. 

The Revenue Member opposed the resolution on the ground that it 
urged a uniform reduction of 50 per cent, and not a reduction according 
to the extent of distress in particular areas. Ultimately the resolution was 
carried by 41 against 24 votes. 

Khan Bahadur Captain Sikandar Hayat Khan expressed full sympathy 
with the second resolution about the reduction of freights and promised to 
forward to the Government of India the views of the Council on the matter. 

MAY 10, 1932. 

PUNJAB MUNICIPAL BILL (Continued) 

When the Council met Sardar Habibulla Khan drew the attention 
of the House to certain articles which had appeared in the local Press in 
connection with the recent ruling given by the President on the Municipal 
Amendment Bill and said that it amounted to a breach of the privilege 
of the House. 

The President stated that the Press was at liberty to criticise his ruling 
without imputing any motive or accusing him of partiality. Even the High 
Court's orders are criticised without imputing any motive, to the judges*. 
But as far as Parliamentary practice was concerned, Members of the House 
could criticise any ruling of the Chair on the floor of the House only. But 
if they did so outside, that amounted to a breach of privilege. Any member 
was at liberty to bring a vote of censure against him but if they wanted 
to criticise and drag the Chair in the Press, he could 1 not help if the House 
did not inflict any punishment for such a breach of privilege. The House, 
however, could simply disapprove of the action of the members concerned. 

On the suggestion of the Leader of the House, discussion on, that matter 
was adjourned and Government business was taken up. 

Dr. Gokulchand Narang withdrew the old Municipal Amendment Bill 
and introduced a new bill of a similar nature, for the better control of 
municipalities in the Punjab. He also moved for its reference to a select 
committee. 

The Hindu Party supported the measure, while the Unionist Nationalist 
Party, consisting mostly of Moslems and almost entirely of rural members, 
opposed the Bill tooth and nail, on the ground inter alia that the Bill took 
away the powers given to the people under the last Reforms. 

Mr, Marsden, Secretary for Local Self-Government, said that there was 
no doubt that the Municipal administration in the Punjab was a failure. 
Auditors had complained to the Government that their objections were not 
being attended to and that there was no use auditing municipal accounts. 
The Government were being pestered with complaints by people in and 
outside the province about 'non-payment of bills by Municipalities and other 
matters. Another terrible evil was the deliberate dishonesty in the Muni- 
cipalities. There had been a regrettable increase recently of embezzlement 
of municipal funds by the municipal staff. He gave innumerable instances 
in support of his allegations. 

Both the motions of Dr. Gokulchand Narang for leave for introduction 
and for reference to a select committee consisting of 14 members were 
carried by an overwhelming majority. The four members of the Unionist 
Party, however, refused to serve in the Select Committee as the Leader 
of the Party thought that his party was inadequately represented in the 
Committee. 



FRONTIER LEGISLATIVE COUNCIL 

FIRST ELECTIONS IN N.-W. F. PROVINCE 

WITH the extension of reforms to the North-West Frontier Province 
which had been raised to the status of a Governor's province under the 
Government of India Act, 1919, preparations were being made early in April 
for the constitution of the first Legislative Council. According to the 
constitution the house would consist of forty councillors, 28 of them being 
elected members. Polling began on April 7 and lasted till Apirl 13. The 
first elections were held with comparatively little disorder but an attempt 
was made by the Red Shirts, the followers of Frontier Gandhi, to boycott 
them as a protest based on the idea that the reforms were being thrust upon 
a hostile or apathetic population while the natural leaders of a large and 
influential section of people were in gaol. The picketing of the polling 
booths and propaganda to persuade the voters to desist from recording 
their votes were partially successful inasmuch as these reduced the poll 
to about 10 p.c. in some constituencies. The police watched the movements 
and activities of the Red Shirts and dispersed them by lathi charges when- 
ever the picketers refused to disperse when asked to do so. Unfortunately 
the situation at Mardan and Charsadda took a turn for the worse, as a 
result of which the police had to open fire. Of the 28 elected members, 
four were returned unopposed. Nawab Sir Abdul Qayum (Peshawar) was 
appointed Minister while Mr. U. B. Abdul Gaffar Khan of Zaida, a retired 
Sessions Judge of the Punjab Judiciary Service was made the President 
on a salary of Rs. 10,000 per annum. 

INAUGURATION OF THE COUNCIL 

The inauguration of the Council was made by His Excellency Lord 
Willingdon on April 20. The King's message which was read by His Excel* 
lency ran as follows : 

" Recently I had great pleasure in according my sanction to the elevation 
of the North-West Frontier Province to the position of a Governor's Pro- 
vince under the Government of India Act, and I rejoice that to-day you 
are celebrating the fulfilment of that decision. On peace and good govern- 
ment in the North-West Frontier Province depends in a great measure 
the security of India, and I look with confidence to the people of the Pro- 
vince, so to order their affairs that the momentous change, which my Viceroy 
is to-day inaugurating on my behalf, will conduce to the benefit of their 
province and of India as a whole. Through my Viceroy, I send to you, the 
people, of the. North-West Frontier Province, and to your new Government 
and Legislature my warmest greetings. It is my earnest prayer that to- 
day's happenings may promote your lasting contentment and prosperity." 

His Excellency the Viceroy recalled that thirty years ago, almost to 
the day, Lord Curzon himself visited the Frontier to inaugurate the new 
scheme of things that had secured for the Frontier a separate existence and 
an independent name. The Viceroy's message was the same on the present 
occasion. The Viceroy then referred to the unfortunate incidents and 
occurrences at Mardan and Charsadda during the general election and 
continued : 

"So long as such activities . continue, the Government must and will 
retain the powers which are necessary to meet them. If, on the other hand, 



158 THE INDIAN RECORDER. 

they abandon their unlawful acts and co-operate in working the constitution, 
I am confident that the Governor-in-Council will not be slow to suggest, 
nor the Government of India to approve, the relinquishment of powers which 
will then no longer be necessary. In th'e meantime, here, as elsewhere, it 
is our fixed determination to press on with constitutional reforms and we 
shall not be deterred by these unlawful activities from achieving the purpose 
we all have in view a great federation of all the various interests and 
communities of this country. That federation, gentlemen, is an object worthy 
of the best energies which any of us can put forward and I ask you now 
to do your part to realise that equality of opportunity means equality of 
responsibility and show yourselves declared supporters of the reformed 
constitution by which alone true progress on the path of orderly advance 
is possible." 

Continuing the Viceroy referred to the anxiety expressed in many 
quarters for the immediate repeal of the Frontier Crimes Regulation. That 
was a subject on which much might be said, but he wished at present 
to say that the Regulation procedure had recently been suspended by an 
executive order in Hazara and Dera Ismail Khan districts. He added : "The 
Governor now informs me that with the full consent of district officers con- 
cerned, he has decided similarly to suspend this procedure in the three 
remaining districts also, but as an experimental measure for a period of 
one year only. Hie and his officers are now engaged in considering in what 
other respects the operation of the Regulation can be modified and he 
hopes to make a further announcement on this subject shortly. Meanwhile, 
during that 'year, you will have an opportunity to study and discuss this 
question and present your conclusions to the local Government by whom 
they will be carefully considered. I ask you, gentlemen, to accept this as 
an earnest of the spirit by which the Government and its officers in this 
new province are animated and to respond to it in kind. Your co-operation 
in this spirit is needed for the times through which your province has been 
passing times of no ordinary difficulty and the task that confronts you 
is no easy one." 

The Viceroy emphasised that the essence of the modern system ot 
Representative Government was not arbitrary enforcement of the will of 
the majority. He looked to the Councillors to co-operate with the 
Government and to have no part or lot with those whose misguided 
patriotism had sought to lead them along paths alien to the traditional and 
oft-proved loyalty of the Pathan race. 

THE FIRST SESSION 

The first session of the Council commenced at Abbottabad on May 18 
and lasted till May 27. 

MA Y IS, 1932. 

PROVINCIAL BUDGET FOR 1931-3Z 

The first provincial budget under the Reforms constitution was presented 
by Mr. C H. Gidney, the Finance Member. Excluding the figures for the 
first seventeen days of April, 1932, the provincial receipts and expenditure 
for the current year were estimated at 65 lakhs and 159 and a half lakhs 
respectively. Subvention by the Government of India for the current 
financial year will amount to 95 lakhs and a net expenditure of 6 lakhs 
for the first 17 days of April will be adjusted in the budget of the Central 
Government. 



gRONTiER LEGISLATIVE 66UKClL tft 1 

In his speech introducing the budget estimates, the Finance Metnber said 
that with the help of the subvention the closing balance at the end of the 
year was expected to be nine and a half lakhs. " Ours is an economy 
budget/' he said, " and a scrutiny of it will satisfy the members that every 
endeavour has been made to keep the expenditure down to a minimum 
consistent with good administration." 

Dealing with the head " Police " he said that if there was no deterioration 
in the political situation, a reduction of 639 men in the police personnel was 
contemplated within the next few months, but should law and order be 
jeopardised, there would have to be an increase from the present budgeted 
expenditure of 33 lakhs. 

Out of the resolutions of the Independent Party admitted by the President 
those recommending withdrawal of the Ordinances, release oi political 
prisoners and the appointment of an Inquiry Committee on the working of 
the Ordinances were disallowed by the Governor. 

MAY 19, 1932 

ELECTION OF DEPUTY PRESIDENT 

The second day's sitting of the Frontier Legislative Council was devoted 
to the election of the Deputy President and members of the three Standing 
Committees. 

Nawabzada Allah Nawaz Khan having withdrawn his candidature, Khan 
Abdul Rahman Khan was elected Deputy President unopposed. 

MAY 21,1932 

BUDGET DISCUSSIONS 

Khan Bahadur Abdul Rahman Khan, Deputy President of the Council, 
continuing the debate, entered a strong plea for the fixation of the Central 
subvention at a figure adequate to the financial needs of the Province. He 
expressed the fear that with the introduction of central responsibility in a 
Federal system of government, the importance of the Frontier would be 
forgotten and it would be regarded as a white elephant, unworthy of such 
considerable subvention. As regards the budget itself, the only comment, 
he said, he had to make was that the spending departments, especially the 
Police,, should be managed with the greatest economy possible. In this con- 
nection he appealed to the Government to lay aside the weapon of repression 
and, in a spirit of magnanimity and a far-sighted statesmanship, adopt a 
policy of conciliation which, he was confident, would be readily reciprocated 
by the people of the Frontier so that harmony might take the place of 
bitterness and opprobrium. 

Mr. Habibullah Khan (Nationalist) was, however, constrained to say that 
the budget, as it stood, showed no* change; of heart and no solicitude 'for the 
toiling masses. It was not even an economy budget as the Finance Member 
.had described it, because, while Rs. 33 lakhs out of a revenue of Rs. 65 lakhs 
had been appropriated for the police including extra police, no corresponding 
provision had been made for the welfare of the people. He declared that 
the Government was intent on the maintenance of law and order as though 
that was the sine qua non of its existence. He challenged the Government 
to point out even one instance in which it had acted in a spirit of appre- 
ciation of the new order of things or to win the people's co-operation, 

Mr. A. J. Hopkinson, Secretary of the Transferred Departments, reply- 
ing to the various charges, said that the Government was doing everything 
it could to show a cfhange of heart if that could 01% be discerned. He 



160 THE INDIAN fcECORbE ft: 

appealed to critics to remove the causes of friction. They would find the 
Government not a whit less prepared than they to ameliorate the condition 
of the people. 

MAY 23, 1932 

iDEBATE ON DEMANDS FOR GRANTS 

Voting on demands for grants was taken! up by the Frontier Legislative 
Council. Only one demand, namely, of Rs. 2,9/,000 for Land Revenue and 
Stamps, was passed, but several members attacked the land revenue adminis- 
tration and levelled charges of corruption against the department. 

The House rejected the demand of Rs. 86,000 for Excise and Registration. 

MAY 24, 1932 

TOTAL CONVICTIONS 

During question hour, it was stated that so far as the Frontier was 
concerned, between 25th December 1931 and 9th May 1932 the total arrests 
were as follows : 2,669 under the Ordinances ; and 3,841 under the Criminal 
Law Amendment Act. The total convictions were 49 under the Ordinances ; 
4,263 under the Criminal Law Amendment Act ; 92 under the Frontier Regu- 
lation ; and 199 under the ordinary law. 

DEBATE ON DEMANDS FOR GRANTS (Continued) 

Voting on demands for grants was continued and six more demands 
were passed including Forests (Rs. 66,22,000 ), General Administration 
(Rs. 13,15,000) and Justice (5,50,000). 

Token "cuts" were moved in respect of all the major demands, but were 
withdrawn following assurances from the members-in-charge that the griev- 
ances, to give expression to which the cuts were moved, would be thoroughly 
investigated and redressed, if possible. 

DISCUSSION ON FOREST DEMAND 

Replying to the criticisms of reckless expenditure and enforcement of 
" beggar " during the discussion on the Forest Demand, Mr. Hopkinson, 
Secretary to the Transferred Departments, said that the officers were strictly 
told not to countenance beggar and if any such charge could be proved, the 
offending officials would be punished. He pointed out that Forests were the 
chief asset of the province and it was the duty of every patriotic member 
to support the progressive policy of the Government regarding Forests, 
seeing that New Zealand with not even half the forest area of the province 
was making its forest pay many times more. 

MOTION FOR "CUT" IN IRRIGATION GRANT 

After the Forest Demand was passed without opposition, Mr. Abdul 
Ghaffar Khan 1 moved a cut of Rs. 5 in the Irrigation Demand. It was pointed 
out by the speakers that an entirely disproportionate amount was being spent 
on the non-productive phases of irrigation such as the Upper Swat Canal and, 
although very high rates were levied from the agriculturists, the canals of 
of the Frontier were not paying propositions as were canals of the Punjab 
and the United Provinces. 

The members from Dera Ismail Khan also demanded that something 
should be done to irrigate their arid tracts. 

The Finance Member explained that Irrigation, as a whole, was a public 
utility concern and the capital expenditure undertaken thereon would give an 
adequate yield in the years to come, although he could not hold out any 



R* LEGISLATIVE COUNCIL, m 

immediate hopes mat any particular limb of the irrigation system, which was 
at present unproductive, would become productive forthwith. 

DEMAND FOR ECONOMY IN ADMINISTRATION 

The cut of Rs. 5 in respect of the General Administration was withdrawn, 
aitei the Finance Member had given an assurance that the Government was 
fully alive to the need to the utmost economy and that retrenchment would 
be effected wherever possible. In this connection, the Leader of the Opposi- 
tion Mr. Khuda Baksh asked the Government to examine the necessity of 
the annual exodus to the hills, pointing out that sessions courts functioned in 
the plain just as well in summer as in winter. 

In regard to the administration of Justice it was suggested that effici- 
ency and not any other consideration should be the basis of recruitment to 
the magistiacy. It was also observed that judges were never punctual in 
starting their day's work. 

DISCUSSION ON JAILS GRANT 

Discussion on the Jail Demand was enlivened by many fervent speeches, 
the Nationalist members declaring that the conditions inside jails were 
horrible beyond description. 

Mr. Hopkinson replied that he also had been a prisoner during the War 
and had gone through similar experiences. 

Pir Baksh Khan, Mr. Habibullah, Mr. Abdul Qaiyum Khan, Mr. Nur 
Baksh and Mr. Abdul Rahim Khan all appealed to the Government to do 
away with the flogging of political prisoners on their uncovered body and 
the order denying any sort of interviews to politicals. They said that such 
treatment rankled in the public mind and one, whose self-respect had been 
wounded while his personal liberty had also been forfeited, remained an 
enemy throughout life. This was what the Government was laying in store 
for itself in the future. 

Mr. Abdur Rahim Khan added that if Mr. Gandhi had great respect 
for the English people, it was in a great measure due to his being treated 
as a man while he was their prisoner. There were thousands of others in 
jail for similar reasons who had forfeited their personal liberty and the 
Government must treat them as honest men. 

Mr. Hopkinson, replying, narrated the difficulties of the Government 
and said that officials were ever ready to maintain the prisoners' self-respect 
if the prisoners remembered that officials also had such a thing as self- 
respect. No one was wantonly ill-treated and the jail manual was not an 
instrument of torture. If political prisoners, after entering the jails, 
became guilty of incitement to mutiny and similar conduct, they called upon 
themselves the punishment prescribed by the law. 

MA 25,1932. 

DEBATE ON DEMANDS FOR GRANTS (Continued) 

Voting on demands for grants concluded in the Frontier Legislative 
Council, and all the demands were passed without any reduction. 

Two "cuts" were proposed, one of Rs. 5 under Jails and another of 
Rs. 2 lakhs in the Police demand. The Nationalists and Non-Moslem 
members combined in support of the iormer cut but it was defeated by 
18 to 16 votes and the entire Jails demand of Rs. 8,86,000 was passed. 

DEBATE ON POLICE GRANT 

There was a very keen debate on the cut under Police, but it fell 
through, as a result of the surprising action of Nationalist members in 
withdrawing from the House just before the guillotine fell. 

21 



M2 . '"', TMB INDIAN RECORDER. 

Major Diamond, Inspector-General of Prisons, who was specially 
nominated for the purpose, dealt with the criticism regarding whipping, 
banning of interviews and penal diet in jails and the treatment of women 
prisoners. In his opinion whipping was entirely brought about by the 
conduct of the political prisoners. 

The Inspector-General of Prisons described the difficulties of the jail 
officials in dealing* with political prisoners and said that in Haripur Jail the 
3,000 prisoners created such an anxious situation for the authorities that 
they had to choose between handing over the jail to the military and 
whipping the ringleaders. " Better that a few known ringleaders are 
whipped," he said, " than that a single innocent convict should be injured by 
firing." He described how politicals immediately on coming to jails shouted 
slogans, snatched food from the convict-distributors, rushed to the sector 
gates whenever they were opened, refused to surrender their clothes and 
abused the jail officials. He declared that they were non-violent neither in 
deed nor in words, and that if they ceased to create trouble for the jailors, 
they could ensure for themselves all the comforts under the Jail Manual. 

Mr. G. R. Gidney observed that the Government were compelled to 
resort to whipping with the greatest reluctance. He emphasised that 
political prisoners were whipped not because they were political prisoners, 
but because only such drastic action could ensure the safety of the jails. 
Indeed, on one occasion, military assistance had to be called for control of 
the Haripur jail,, and, in his opinion, a serious calamity was averted thereby. 

As regards interviews, Mr. Gidney said that most of the prisoners were 
surreptitiously keeping up contact with the outside world not for their 
private affairs, but to foment more trouble and to incite others to create 
trouble. ' '. 

As regards the charge that only one woman visitor had visited the 
Haripur jail, the Finance Member said that the Government had invited 
many ladies to visit jails, but they had refused. 

Concluding, the Finance Member said that no prisoner would be 
whipped and no jail penalties inflicted, if he behaved properly. 

A few Hindu members, including Rai Saheb Hehr Chand Khanna, 
voted in favour of the cut of Rs. 5 in the jail demand, which was however 
passed in full, 

MOTION FOR "CUT" IN POLICE GRANT 

A " cut " of rupees two lakhs was proposed in the Police demand of 
Rs. 2,86,50,00, Arguments advanced in support thereof were that extra 
police were no longer necessary and that there were any number of police- 
men on guard at the European dance halls, clubs, bungalows, and meeting 
places, while the city was ill-guarded. The police were setting a bad 
example by indiscriminate use of their lathis, and the police, as a department, 
were made too much of. 

Many members paid glowing tributes to the Frontier Police, including 
Mr. Nur Baksh and Khan Bahadur Abdul Rahim Khan, but the latter also 
declared that, to the coming era of the people's Government, police sub- 
ordinates were leaving an undesirable legacy and bad tradition, by being 
too free with their lathis. Others, including Nawabzada Allah Nawaz Khan 
(Dera Ismail Khan), uttered a note of warning, that any weakening of the 
police in the Frontier would be fraught with grave danger to the whole of 
India. 

Mr. Allah Nawaz Khan denied that the police were to blame for the 
calamities of Cawnpore and Dera Ismail Khan. On the other hand, they 
only illustrated the consequences of weakening the police force as at 
Cawnpore. 



FRONTIER LEGISLATIVE COUNCIL. 1& 

Mr. Adam, Inspector-General of Police, quoted* figures to show that 
crime was on the increase in spite of all the talk of ^non-violence and 
harmony and that registered crimes showed a rise of 55 per cent, as com- 
pared with 1929. He asked the Leader of the Opposition, who had been a 
Public Prosecutor for five years, how many cases of extorted confessions and 
false cases (as he had alleged) he had brought to the Government's notice 
during his official regime. 

The Inspector-General of Police stoutly defended the Frontier Police, 
and said that they were second to none throughout India in respect of 
loyalty and devotion to duty. They had manfully handled the situation, 
which they had been suddenly called upon to face throughout the districts, 
and if they did not always act too gently, that was because they could not 
deal with organised lawlessness in that manner. 

While admitting that no police force was perfect, Mr. Adam said that 
if the criticisms proved anything, it was that the Frontier Police, who were 
drawn from excellent material, were in need of more training and he hoped 
that when shortly he came forward with a proposal for a police training 
school, the House would readily accept it. 

The Inspector-General of Police, Mr. Adam, on replying to all the points 
raised by the critics of the police administration 1 , Pir Baksh, mover of 
the "cut," was on his feet exercising his right ol reply. Owing to the trend 
of Pir Baksh's speech, the Finance Member, as Leader of the House, 
appealed for the maintenance of a semblance of reality and seriousness in 
the debate, by confining the speeches to the merits or demerits of the 
proposals actually under consideration. The guillotine was then just about 
to fall and the President asked Pir Baksh to wind up his remarks. Quite 
unexpectedly, Pir Baksh gave up his right of reply, on the ground that the 
treasury members had been given more time and withdrew from the House, 
accompanied by other Nationalist members. After the withdrawal of the 
Opposition group, all the demands, including the Police demand, were put 
from the chair and passed. 

MAY 26, 1923 

FACILITIES OF WATER SUPPLY 

Nawab Bazmuhammad Khan's resolution recommending that arrange- 
ments be made to supply water to dry villages of Teri Tahsil by pipe system 
or other possible means was passed. 

DEMAND FOR RELEASE OF PRISONERS 

Mr. Habibullah Khan (Nationalist) moved that the Governor-in-Council 
be pleased to release Hathikhel prisoners convicted in connection with the 
incident of August 1930 in which a large number of persons including 
Captain Ashcroff were killed. The Nationalist members supported the reso- 
lution, while Maulvi Nur Baksh withdrew his amendment and associated 
himself with the mover. It was said that only five out of thirty-eight persons 
convicted thereunder were now in prison and that this was a fit case for 
the exercise of the prerogative of mercy which would soothe the whole of the 
Bannu territory. Moreover, in the action that was then resorted to, the 
people had been sufficiently punished and a magnanimous gesture would 
not be out of place. 

Mr. Gidney, Finance Member, giving the history of the incident, said 
that, while a platoon of military under Capt. Ashcroff was drawn up at a 
hamlet to reinforce the police, a large lashkar of Hathikhel Vazirs who were 
armed with rifles advanced and opened fire on Capt. Ashcroff's men, killing 



164 THE INDIAN RECORDER. 

nine soldiers and wounding ten, and Capt. Ashcroff himself was killed. It 
was not an unarmed non-violent crowd as had been alleged, but the follow- 
ing of the two ringleaders who were openly inciting the trans-border tribes 
to rise against British Government. The condemned persons had been con* 
victed of murder and they were not political prisoners in any sense of the 
term. The resolution was put and lost without division. 

MA Y 27, 1932 

STARTING CO-OPERATIVE CREDIT SOCIETIES 

Khan Bahadur Ghulam Haider Khan's resolution in favour of starting 
co-operative credit societies in the districts where they have not yet been 
started and increasing their number where they already existed was accepted 
by the Government, and it was passed without any opposition. 

Mr. Hopkinson reiterated that any hasty advance in co-operative effort 
was fraught with the danger of the movement itself receiving a serious set- 
back from which it might take long to recover. The experience of others 
was before them. As the movement was essentially based on self-help, it 
was necessary that there should be as little official interference in the work 
of these societies as possible. 

PROVISION FOR WELLS SUPPLY 

Another resolution which was passed without opposition was that 
moved by Mr. Habibullah Khan, recommending that immediate measures 
should be taken for making adequate provision for the construction of tanks 
and wells for the supply of drinking water in the barren tracts of the 
Hazara, Bannu, Kohat and D. I. Khan districts. Mr. Thompson, Revenue 
Commissioner, gave a sympathetic reply and said that it would take some 
time before the Government's plans were put into execution. 

REMOVAL OF BROTHELS FROM MUNICIPALITIES 

Pir Baksh (Nationalist) introduced a Bill to amend the Punjab Muni- 
cipal Act 1911, as applied to the North- West Frontier Province, empowering 
Municipal Committees to prohibit, by notice, the keeping of brothels or the 
residence of public prostitutes in the Municipal areas. 

Maulvi Nur Baksh was in sympathy with the principle of the Bill, but 
public interests demanded that it should be circulated for eliciting opinion 
on its provisions and he therefore moved for its circulation. This was 
supported by the Government. 

The amendment was put and carried after a division had been claimed. 

The Frontier Legislative Council concluded its Budget session. 



PARLIAMENTARY 



INDIA IN COMMONS 

THE questions and answers in the House of Commons relating to India 
are given below date by date. 

MARCH 27, 1932. * 

CHITTAGONG RAID 

Mr. Molson asked the Secretary of State for India whether the police 
had any information in advance of the raid on Chittagong in April 1930. 
and, if so, why were adequate preventive measures not taken. 

The Secretary of State for India replied: The police had information 
of activities ort the part of members of terrorist gangs which led them to 
suspect that an outrage was being planned. On the strength of that infor- 
mation a general search was arranged to take place on the 20th April, btit 
it was forestalled by the terrorists carrying out the raid on the night of 
the 18-19th April. 

BRITISH RECRUITMENT FOR I. C. S. 

Sir Reginald Craddock asked the Secretary of State for India whether 
the proportion of British recruitment for the Indian Civil Service and the 
Indian police was being retained as recommended by the Lee Commission 
and what was the present percentage of Indians in the Indian Civil Service 
in the Bombay Presidency. 

Answer: The recruitment proportions adopted as a result of the Lee 
Commission report have not been changed. The percentage of Indians 
holding Indian Civil Service posts in Bombay Presidency on 1st January last 
was 37, including for this purpose the 19 Indians who were holding listed 
posts reserved for members of the Provincial Civil Service. 

POONA MILITARY SCHOOL 

Captain Earskine-Bolst asked the Secretary of State for India if he 
could state the nature and work of the Shri Shiva ji preparatory military 
school, Poona, in respect of which an advertisement was appearing asking 
for a principal; and whether this was an institution in any way recognised 
or supported by the Government of India. 

Answer : I have no official information regarding this institution which. 
I understand, has not yet commenced to function. I am asking the Gov- 
ernment of India for a report. 

R. A. F. RAIDS IN BAJAUR 

Mr. McEntee asked the Secretary of State for India if he would state 
how many raids during the past months had been made by the Royal Air 
Force in the Bajaur Valley; and whether any warning was given to the 
inhabitants of the mud-walled villages which were set on fire by incendiary 
bombs. 

*The following interpellations have been included in this volume as they were 
first reported in April, 1932. 



166 THE INDIAN RECORDER. 

Answer: Air action was taken on the 8th March after due warning 
against certain villages in Bajaur from which a hostile lashkar had collected 
to threaten the British border. 

DIRECTOR OF PUBLIC HEALTH, U. P. 

Dr. Morris-Jones asked the Secretary of State for India whether any 
decision had been arrived at regarding the proposal to abolish the post of 
Director of Public Health in the United Provinces and to amalgamate the 
public health department with the medical department under the Inspector- 
General of Civil Hospitals. 

Lieutenant-Colonel Fremantle asked the Secretary of State for India 
whether any decision had been made regarding the proposal to abolish 
the post of Director of Public Health in the United Provinces and to amal- 
gamate the public health department with the medical department under 
the Inspector-General of Civil Hospitals : whether he would state the reasons 
for and against the proposal ; and in what way it was proposed to safeguard 
the health of the people not in hospital. 

Joint Answer : I will answer these questions together. I have not 
heard of any such proposal as regards the United Provinces. Perhaps my 
honourable friends are referring to the Central Provinces where a proposal 
to combine temporarily the posts of Director of Public Health and the 
Inspector-General of Civil Hospitals is under consideration as a measure of 
economy. 

IMPRISONMENT OF BOYS AND GIRLS 

Mr. Rernays asked the Secretary of State for India whether he could 
state the number of boys and girls under 17 years of age who had been 
sentenced in India to terms of imprisonment for political offences during 
the last three months. 

Answer: I regret that the information desired is not available. 

SEATS IN N. W. F. COUNCIL ! 

Mr. Thomas Williams asked the Secretary of State if he would inform 
the House of the number of seats in the new Provincial Council in the 
North-West Frontier Province; how many of these were to be filled by 
nominations and how many by election; and how many persons in the 
province would have the right to exercise a vote in the forthcoming elections 
to the Council and- what proportion these bore to the total population of 
the province. 

Answer: The Council is to consist of 40 members of whom 28 will be 
elected and the remainder nominated. The number of persons with the 
right to vote under the Electoral Rules is expected to be approximately 
4 per cent, of the total population of the province. 

TELLICHERY "THALI" INCIDENT 

Mr. Morgan Jones asked the Secretary of State for India whether his 
attention had been drawn to the action of Mr. Dodwell, the Subdivisional 
Magistrate of Tellichery, in Madras, in compelling the removal in Court 
from the person of a woman prisoner, sentenced by him to fine and im- 
prisonment for engaging in the civil disobedience movement, not only of 
her ornaments in payment of the fine, but also of her mangalsulra, an 
intimate possession of Hindu women and of religious significance as a 
marriage token; and whether he would inquire into the matter. 

Answer: The Madras Government have already enquired into this 
matter and I will send the Hon'ble Member the relevant extract from their 
communique, which mentions that the District Magistrate ordered the return 
of the "thali" and the Subdivisional Magistrate has expressed sincere regret 
for what was done under a misapprehension. 



INDIA IN COMMONS. M7 

CONGRESS ACTIVITIES IN ASSAM 

Mr. Wardlaw-Milne asked the Secretary of State for India whether 
he had any information regarding the resumption of Congress activities 
in Assam; and whajt the position' was in that respect in that Province. 

Answer : My latest information dated last Saturday is that the situation 
in Assam continues to show general improvement. Youths convicted of 
picketing and other offences are tendering apologies in increasing numbers 
and being released; and there, have been meetings in Sylhet to protest against 
the civil disobedience movement. 

CORPORAL PUNISHMENT FOR POLITICAL OFFENCES 

Mr. Bernays asked the Secretary of State for India, whether in view 
of the number of cases of the administration of corporal punishment on 
boys for political offences in India, he would make representations to the 
Government of India that this punishment for such offences should be 
discontinued. 

Answer: The matter is one for the discretion of the Courts. This 
form of punishment may be awarded for offences against the Penal Code 
under the ordinary law and not under any emergency ordinances. The 
political motive of the offence is not relevant. In these circumstances it 
is not for me to intervene in the, ordinary course of justice. 

APRIL, 11, 1932. 

POLITICAL SITUATION IN INDIA 

Mr. Wardlaw-Milne asked the Secretary of State for India whether he 
would give the House the latest information he had as to the political 
situation in India. 

Mr. T. Williams asked the Secretary of State lor India whether he 
would make a statement in regard to the political situation in India. 

Sir Samuel Hoare circulated the following statement covering the 
events of the past week. 

In connection with the National week, which is being celebrated from 
the 6th to 13th April, attempts are being made to carry out an intensive 
programme, especially of boycott and picketing, but reports show that the 
'effect so far has been slight. To this new effort may be attributed the 
slightly increased picketing in Bombay and rowdyism in the Cawnpore cloth 
markets and in Allahabad where a considerable disturbance occurred on the 
evening of the 8th April, commencing with an attempt by a Congress pro- 
cession to enter the Civil Lines. During the dispersal of the procession and 
crowd the police were assailed with stones and brickbats for some hours, 
and suffered several casualties. Two rounds of buck-shots were fired, but 
the resulting casualties are unknown. 

The reports from the North-West Frontier Province are good. It is 
particularly satisfactory that the elections have so far evoked very feeble 
counter-efforts from the Red Shirts and that wide, interest is being taken 
in them. The tribal position is very satisfactory. 

During the week, Congress announced their intention of holding the 
annual session at Delhi and were informed that Government would not 
grant permission. 

The Kashmir situation is much easier. 

FRANCHISE COMMITTEE 

Mr. Bernays asked the Secretary of State for India whether the Fran- 
chise Committee would make an Interim Report on its labours; and, if so, 
when that Report would be published. 



168 THE INDIAN RECORDER. 

Sir S. Hoare: I understand that the Committee is now engaged on a 
report, and that it is hoped to be complete by the endt of April I am not in 
a position to indicate a date for publication. 

Colonel Wedgwood; Can the right hon. Gentleman say when he will 
get the report? 

Sir Samuel Hoare : I should say some time in May. 

Colonel Wedgwood: Will their report commit this House definitely to 
a system of indirect elections ? 

Sir S. Hoare: None of these reports will commit this House to any- 
thing. 

BURMA SITUATION 

Mr. D. Davies asked the Secretary of State for India if he would state 
the number of rebels that had been captured in Burma since 1st January, 
1932, and the number that it was estimated were still active in opposition 
to the Government. 

Sir S. Hoare: I regret that I have not the information for which the 
hon. Member asks. It is obviously difficult to estimate the 1 number of rebels 
still to be accounted for. 

Mr. David Grenfell asked the Secretary of State for India if he would 
inform the House as to the present situation concerning the disturbances 
in Burma. 

Sir S. Hoare : During the week ended the 9th April Government forces 
obtained contact with the gangs led by Myat Aung and Tun Myat on several 
occasions, inflicting casualties and capturing fire-arms and large quantities 
of supplies. Three sepoys were slightly wounded in one engagement. 

ARMY MEN FOR I. C. S. 

Mr. Dagger asked the Secretary of State for India that for what reason 
it was proposed to recruit British members of the Civil Service in Bengal 
from the British Army; and whether he would see that Indians with the 
necessary qualifications for the vacant posts were given the preference. 

Sir S. Hoare : Proposals for the replacement by officers of the Indian 
Army or other Government services of five senior European district officers 
in Bengal who have been the victims of the. terrorist movement are at 
present under consideration by the Government of India, but no recommen- 
dations on the subject from that Government have yet reached me. 

Mr. Morgan Jones: Would not this be an appropriate moment to 
appoint Indians to these vacancies? 

Sir S. Hoare: I cannot give an opinion until I have seen the recom-r 
mendations of the Governor. 

BOMBAY DOCKS DISPUTE 

Mr. Daggar asked the Secretary of State for India what organisation 
was responsible for the import of Pathan strike-breakers into the docks at 
Bombay; how many people had been injured, including police officers, since 
the Pathans were introduced; and whether any action had been taken to 
settle the dispute between the Hindu strikers and their employers. 

Sir S. Hoare: I have no information on this incident beyond what has 
appeared in the Press. 

MEDICAL COUNCIL BILL 

Lieut-Colonel Fremantle asked the Secretary of State for India whether 
he had approved the Bill introduced into the Legislative Assembly for the 
establishment of a medical council in India and for the maintenance of a 
British-Indian medical register; whether he is assured that a standard of 
qualification would be made and maintained which would enable such 



. -INDIA IN COMMONS. 1# 

qualification to b^|recognised by the General Medical Council of the United 
Kingdom; and whether medical practice both in India and in the United 
Kingdom and other $parts of the British Empire will be really open to 
medical practitioners registered by either medical council. 

Sir S. Hoare : The answer to the first part of the question is in the 
affirmative. There tsttjl, think, good reason to hope that the standard of the 
Indian medical qualmcktions recognised by the Indian Medical Council will 
be such as will enable them to be recognised also by the General Medical 
Council here. As regards the last part, the present Bill does not deal directly 
with the right to practise in India. 

Lieut. -Colonel Fremantle : Has the right hon. Gentleman any assur- 
ance from the Gen'cral Medical Council here that they will approve of the 
standard set up by this Bill, in which case that would settle the point in 
question ? 

Sir S. lioare: 1 have had no such assurance. 

Lieut. -Colonel Fremantle : Is it possible to get some such assurance 
before this Bill is passed; otherwise. Indian medical men qualifying in India 
will be debarred from practising in different parts of the, Empire. ? 

Sir S. Hoare : I could not answer that question without further con- 
sideration. 

Lieut. -Colonel Fremantle: The right lion. Gentleman says that he has 
approved the Bill. Had he considered that measure before he gave it his 
approval, or is it only a temporary, provisional approval ? 

CHILD MARRIAGE RESTRAINT ACT 

Mr. McEatce asked the Secretary of State for India the number of 
prosecutions which had been taken out under the Sarda Child Marriage 
Restraint Act since its enforcement; and whether legislation was being 
placed before the Indian legislature providing for a limitation of the scope 
of the provisions of the Act? 

Sir S. Hoare : I have no information regarding the number of prosecu- 
tions instituted under the Child Marriage Restraint Act. The Government 
have placed no Legislation before the Indian Legislative Assembly with the 
object of limiting the scope of the Act but a number of such Bills have been 
introduced by private members. 

C. D. PRISONERS IN JAIL 

Mr. Bernays asked the Secretary of State for India how many Indians 
were then in prison as a result of offences arising out of the civil dis- 
obedience movement. 

Sir S. Hoare: The latest date for which I have the information desired 
is 29th February, when 25,310 persons were in prison. 

APRIL, 12, 1932 

COST OF LOTHIAN COMMITTEE 

Colonel Wedgwood asked the Secretary of State for India what 
estimate had been formed of the cost of the Lothian Commission. 

Captain Austin Hudson (Lord of the Treasury) : I havte been asked to 
reply. The cost of the present tour of the committee over which my noble 
friend, the Under-Secretary of State for India, is presiding is estimated to 
be about 17,500, of which about 5,500 will be met from British revenues 
and the remainder from Indian revenues. 

Colon'd Wedgwood: May I ask the hon. and gallant gentleman what 
date of termination that estimate supposes ? 

Captain Hudson: The right hon. and gallant gentleman had better put 
down a further question. 

22 



170 THE INDIAN RECORDER, 

APRIL 18, 1932 

"RED SHIRT" ACTIVITIES IN THE FRONTIER 

In a statement circulated to the House of Commdfc reviewing the events 
of last week in India, Sir Samuel Hoare referred to the recrudescence of 
"Red Shirt" activities in a part of the Peshawar Distjbkt, north of the Kabul 
River, where large crowds made efforts with considerfH|| success to interfere 
with the elections. The police had to be reinforceoDy tfoops to disperse 
stone-throwing- crowds armed with lathis. In one instance the police were 
compelled to fire and their casualties were twelve police injured, two seri- 
ously, 'dnd one rioter killed, After the poll the situation was quieter. 

NATIONAL WEEK IN INDIA 

Despite special efforts of the Congress to rousie! public interest in the 
" National Week " the results were singularly small. Renewal of disturb- 
ances occurred in Allahabad where owing to continued brick and stone 
throwing thirty rounds were discharged, two rioters being killed and twenty 
injured. The situation was controlled within two or three days. 

Activity was also in evidence in Cawnpore but ceased when the police 
were reinforced and in Bombay the " National Week " proved almost a 
complete failure. Elsewhere throughout India the effects of the " National 
Week " were negligible and several provinces, concludes the statement, 
report that it passed almost unnoticed. 

COMMUNAL SOLUTION 

Before making the award on the communal question do His Majesty's 
Government propose to make it a first condition that the acceptance of the 
award must be binding on all parties ? asked Capt. A. G. Fuller in the 
House of Commons. 

Sir Samuel Hoare replied that the statement of Mr. Ramsay MacDonald 
on December 1 did not imply that such condition must be 1 fulfilled before 
His Majesty's Government took an action in 1 the matter but the importance 
of such acceptance by the communities, if it was feasible to secure, would 
clearly be so great that the questioner could be assured that any possibility 
of obtaining it would not be overlooked though it was doubtful if he could 
have made a condition. 

APRIL 20, 1932. 

ALLEGED BEATING OF CONGRESS WORKERS 

One Naik and four constables had been placed on trial as the result of 
a magisterial enquiry into the allegations made by an Indian newspaper on 
16th April that eight \\omen Congress workers of Benares had been stripped 
and beaten at the, police station, announced Sir Samuel Hoare in reply to 
a question in the House of Commons. The District Magistrate, he said, 
would hear the case in his own court. 

APRIL 25, 1932. 

WHY CONGRESS SESSION WAS PROHIBITED 

Mr. Morgan Jones (Lab.) raised in the House of Commons the question 
of the Congress arrests at New Delhi. Sir Samuel Hoare, Secretary of 
State for India, announced that it was necessary to take preventive action 
against the holding of the prohibited meeting, the object of which was to 
further the illegal activities of the Congress. 

Asked whether the Congress organisation had been declared illegal under 
the new Ordinances, Sir Samuel Hoare said that the Congress as a whole 



/vI|fDIA IN COMMONS. 171 

r ' 

had not been desired illegal, but local bodies of the Congress in many 
instances had beierroanned. 

He explained furtjber that it was the meeting which had been declared 
illegal, and not the Congress organisation. 

^ CONVICTIONS IN INDIA 

The number of IHRictioris in India during March showed a largie drop, 
being approximately 7,000, compared with 15,000 in January and 18,000 in 
February, announced Sir Samuel Hoarc in the House of Commons. 

APRIL 29, 19*2. 

DEBATE ON INDIAN OFFICE VOTE 

SIR SAMUEL'S DEFENCE OF INDIA POLICY 

Opening the debate on the India Office vote, Sir Samuel Hoare declared 
that the Government's position was unchanged. They were going ahead 
with the policy based on the two foundations of order and progress which 
had already bc'en overwhelmingly approved of by the House. They believed 
that order could not be maintained without progress. They were certain 
that progress could not be obtained without order. 

Sir Hoare challenged anyone to produce a better policy or to give the 
reason for thinking that the Government were not in spirit and letter carry- 
ing out the programme contained in the White Paper. 

Sir S. Hoare did not deny the existence of a very difficult constitutional 
problem, but he urged that the question should be regarded as a whole and 
not only in terms of the partisan constitutional wrangles. 

Day to Day Administration 

Sir S. Hoare proceeded to deal with day-to-day administration in which 
connection he paid a notable tribute to the 1 energy, optimism and keenness 
of the Viceroy, who, " although he has reached the age at which he is entitled 
to old age pension, is showing physical vigour and fitness which anyone in 
the House may envy." 

Sir S. Hoare said that the past 12 months had been very difficult, but, 
despite the cuts in the expenditure and the political difficulties, the adminis- 
tration, both central and provincial, had a record of fine achievements, lie 
instanced in this connection the Sukkur Barrage and the Punjab Hydro- 
Electric Scheme. 

Sir; Q. Hoare also emphasised the advance made in the past year in 
improving the! health, particularly dealing with cholera, malaria and leprosy 

Economic Position in India 

Turning to the economic position Sir S. Hoare remarked that if there 
had been a state of war between Britain and India we should surely have 
been faded with the most formidable economic crisis, whereas the financial 
and economic position of India was much better that day than six months 
ago. 

Continuing Sir S. Hoare said that prices were beginning to rise, taxa- 
tion was coming in fairly well and rents were being paid and that showed 
that India was stronger economically than last September. 

Sir S. Hoare contrasted in that connection the fact that in the last 
autumn an Indian loan would have been impossible except at prohibitive 
rates whereas that week's loan had 'been heavily oversubscribed and stood at 
considerable premium. 

No Critic in India 

Sir S. Hoare repudiated the charge that, because there were men and 
women imprisoned in India, the country was suffering under the iron heel 



172 THE INDIAN RECORDER. 

of Russian tyranny and reminded the House in that connection that impri- 
soned persons, who were no fewer than 26,000 men and women, were double 
that number when Mr. Lansbury was a member of ^the Government. 

Sir S. Hoare urged the House to consider the facts and figures calmly 
and not to assume that India was in a state of revolution. He said that 
it was his considered view that there was not an, overwhelming crisis in 
India at present, but that the situation on the whole was better than could 
be expected, considering all the upheavals going on in other parts of the 
world. 

Sir S. Hoare said, that he had enquired most carefully into the charges 
made in the course of the last debate about the abuse of emergency powers 
and the conduct if the police and he had satisfied himself that the powers 
had been sensibly administered 

" Unscrupulous Propaganda " 

He was also satisfied that unscrupulous propaganda was being carried 
on in Britain, the Continent and India for the purpose of vilifying British 
rule and officials and he suggested that the people who might be influenced 
by such propaganda ought not to be too credulous and they would do well 
to reserve some sympathy for the wives and children of British officials 
murdered by ruthless terrorists. 

Sir S. Hoare assured the House that Government would not be deflected 
in the least from their course by that flood of unscrupulous propaganda. 
He concluded by affirming that they were going straight ahead with the 
policy laid down in the White Paper a policy laid on true foundations of 
order and progress. 

DEBATE ON INDIA POLICY 

MR. LANSBURY affirmed that the Labourites did not believe that any 
material benefits which the conqueror might confer on the conquered could 
take the place of self-determination and the right of the conquered to 
choose for themselves. That was the vital difference between the 
Opposition and Government. 

Mr. Lansbury proceeded to inquire if the Indian opinion would be per- 
fectly free to decide Indian policy at Ottawa and urgled that whatever was 
approved there should be subject to a vote of the Indian Legislature, officials 
and nominated members not voting. 

Declaring that Sir S. Hoare's policy was bound to fail, Mr. Lansbury 
paid a tribute to the patience of the Indian people who had solidly, without 
arms and practically without violence, endured suffering, imprisonment and 
privation on behalf of their cause. Mr. Lansbury concluded by affirming 
that Indians themselves alone were entitled to settle how India should be 
governed. 

WING-COMMANDER SMITH said that anarchy, corruption and chaos con- 
stituted the only alternative to strong Government and stressed the impor- 
tance 1 of the Frontier problem which no party was less capable of handling 
than the Congressites. 

MR. MAXTON declared that India should rule herself. He added that he 
was concerned with the struggle for the poor, for social and economic 
liberation and asked if it was necessary in order to maintain the dignity 
of British Raj to clap ladies into jail and whip boys of fifteen. Referring 
to the Meerut trial Mr. Maxton asked if it was in accordance with fairplay 
that proceedings should be going on for three years. 

MR. CHURCHILL commented on the courageous decision to arrest Mr. 
Gandhi and other Congressmen and to enforce the Ordinance which, he 



INDIAINCOMMONS. 173 

declared, made a great difference in his attitud,e. He did not ask the 1 Gov- 
ernment to close the door on sane, well-conceived constitutional advance, 
but said ^expectations must not be raised which could not be fulfilled. We 
should state what we are giving at a minimum in words and allow it to 
become a maximum in effect, he added. 

Mr. Churchill emphasised that the advance must be shaped from the 
view-point of India's well-being and trusted that Britain was not going to 
dissociate herself from the primary duty of sustaining the welfare of the 
masses of India. 

SIR S. HOARE'S REPLY TO THE DEBATE 

Sir Samuel Hoare, replying to the debate, emphasised that h,e had not 
the least desire to dictate the course of negotiations at Ottawa from the 
Indian view-point and pointed out that the authorities in India had a very 
free hancl in selecting the delegation. He was very anxious that the Indian 
interests should be the dominant recommendations. Sir Hoare then read 
out the Government of India's statement to the Assembly in that 
connection. 
Future of the Ordinances 

Replying to questions about the Emergency Powers, Sir S. Hoarc said 
that the Ordinances would be kept in force as long as the emergency requir- 
ed. He could say no more than that. As to what the Government of India 
proposed to do upon the expiration of the Ordinances it was much too soon 
to make any decision on that matter. It must depend on what the 
Congress was going to do two months hence and what their attitude would 
then be to the Government. Whatever measure might be necessary would 
be taken. 
"No Bargain with the Congress " 

He added: "I have also been asked whether the Government proposed 
to take any steps, for example, by using an intermediary to secure the 
co-operation of Mr. Gandhi. In this matter of co-oDenition the record of 
the Government is quite clear. 

" His Majesty's Government and the Government of India persisted with 
success in their efforts to secure Mr. Gandhi's presence at the last winter's 
Round Table Conference and, as he himself would, I think, admit, we co- 
operated with him in the fullest and frankest way, not only in the Conference 
hut outside it. We did our utmost to maintain the relations so established 
but our endeavours were frustrated by the action of the Congress, particu- 
larly in the United Provinces and North-West Frontier Province and finally 
by the renewal of the Civil Disobedience in January. 

" There can clearly be no question of co-operation with anyone associated 
with Civil Disobedience. If Mr. Gandhi has a disposition ^to restore the 
relations that existed at the Round Table Conference, he will find not the 
slightest difficulty in conveying the fact to the Government without any 
intermediary and Government will earnestly consider the position thus 
created. 

" But I want to make one thing clear. There can be no question of 
making a bargain with the Congress as a condition of his co-operation." 

Correspondence with Gandhiji 

Replying to the question whether he had had any correspondence with 
Mr. Gandhi since he was in prison, Sir S. Hoare said that there had been a 
correspondence between them, but it had nothing to do with any negotiation* 
for Mr. Gandhi's release. It was entirely connected with certain personal 
misunderstandings that were supposed to have arisen from the conversation 
between Mr. Gandhi and himself before Mr. Gandhi left London. The only 



174 THE INDIAN RECORDER. 

additional matter in the correspondence were certain observations of Mr* 
Gandhi on the present state of affairs. 

Sir S. Hoare said that the correspondence was meant to remove any 
possible misunderstanding there was no question of any kind of 
negotiations. 
"No Change in Policy" 

Referring to Mr. Churchill's suggestion of the change of attitude, Sir 
S. Hoare said that his own attitude was unchanged since he first joined the 
Round Table Conference. Government's policy also was unchanged. 

Sir S. Hoare asked Mr. Churchill not to make the mistake of thinking 
that there was any difference of opinion between himself and other members 
of Government. He said that the only change which had occurred was the 
attitude of the Congress which he regretted. He observed : "We have not 
ended the chapter of co-operation. We are always ready to co-operate with 
anybody prepared to co-operate with us." 
Delay in Meerut Trial 

Sir S. Hoare declared that the delays in the Meerut Trial were due to 
the obstructive tactics of prisoners and their counsel. 

MAY 3, 1932. 

WEEKLY REVIEW 

Reviewing the past week's events in India, Sir Samuel Hoare regretted 
to have to confirm thd reports of further terrorist outrage in! Bengal, where 
Mr. Douglas, District Magistrate of Midnapore, was shot whilst at a meeting 
of the District Board and later died from injuries. Elsewhere there was 
little of importance to report. The position in Delhi following the unsuc- 
cessful attempt to hold the session of the Congress quickly returned to 
normal There were no reactions elsewhere. Attmpts had been made in 
various places to destroy letters in post-boxes. 

Mr. T. Williams asked the Secretary of State for India if he would 
inform the House in regard to the present situation in India. 

Mr. Wardlaw-Milne asked the Secretary of State for India whether he 
would give the House the latest information he had as to the political 
situation in India. 

The Secretary of State for India (Sir Samuel Hoare) : Wilful damage to 
articles in post boxes has continued in several places but otherwise the past 
week has been without incident. 

BRITISH PRESS COMMENTS ON THE DEBATE 

The Morning Post was disturbed at Sir S. Hoare's declaration that the 
Government were still following the same policy which led them and India 
into all those troubles. The Post could not believe that it was proposed to 
release the malefactor and put him on the judgment seat in the same way 
as in Ireland but it could wish that British statesmen would make an end 
of excusing themselves for governing India. They must make up their minds 
to stay there, since there was no alternative, except disaster to the people 
of India and to themselves. 

The Daily Telegraph emphasised that there could be no question of 
making a bargain with Mr. Gandhi, as a condition of his co-operation. 

The Daily Mail declares that Mr. Churchill's vigorous intervention in 
the, debate will have a salutory effect, if it persuades Government to move 
cautiously with regard to establishing democracy in India. 



1NDIAINCOMMONS, 175 

Mr. Geoffrey Peto: Does the right hoti. Gentleman not consider that 
serious prejudice has been done to a peaceful settJemient by the extraordinary 
views of the Leader of the Opposition ? 

Sir S. Hoare : I think I must leave the House to judge. 

FACTORIES IN INDIA 

Mr. McEntee asked the Secretary of State for India if he would give the 
latest available figures showing the number of factories in India coming under 
the Indian Factories Act and the number of men and women factory inspectors 
employed under the Act. 

Sir S. Hoare : The number of factories in India coming under the Indian 
Factories Act during the yjear 1930 (the latest year for which figures are 
available) was 8,148. The number of factory inspectors employed under the 
Act during the year 4 1929 was 39, of whom one (in Bombay) was a woman. 

Mr. Morgan Jones asked the Secretary of State for India if he could give 
information showing the total number of persons injured in accidents in those 
factories in India which were subject to the Indian Factories Act in 1931, or 
in the latest! year for which figures were available ; how many of these were 
cases of fatal, serious, and minor injury, respectively; and what was the 
number of persons injured in that way per 100,000 of those employed in 
factories coming under the Act. 

Sir S. Hoare : As the reply contains a number of figures, I am circulating 
it. 

The figures for the year ending, 31st December, 1930 were as follows: 

Fatal Serious Minor Total 

Number of accidents ... 240 4,115 17,429 21.734 

Rate, per 100,000 15.7 269.2 1140.4 1425 

CHILD EMPLOYMENT 

Mr. Rhys Davies asked the Secretary of State for India if he would 
inform the House as to the attitude of the representative of the Government 
of India to the draft convention submitted to the recent International Labour 
Conference relating to the minimum age for the employment of children. 

Sir S. Hoare : The Government delegates of India to the recent session 
of the International Labour Conference, in accordance with their instructions, 
sought to incorporate in this Convention a special clausie, dealing with con- 
ditions in India. The terms of the special clause were approved in Committee 
Jiut in the plenary session of the Conference an amendment was carried which 
in the view of the delegates made the special clause impossible of enforcement 
in India. They therefore abstained from voting on the, final vote 

OTTAWA CONFERENCE 

Mr. T. Williams asked the Secretary of State for India whether Indian 
organisations, representative of both the employees and the employers in 
India, were to be invited to submit their views on the issues to be discussed 
at the Ottawa Conference before any proposals to be made at the Conference 
were formulated by the Indian delegation. 

Sir H. Hoare : I understand that the, Government of India have invited 
views from all important Commerce and Trade Associations. They consider 
the associations and chambers consulted to be fully representative of com- 
mercial interests generally as well as of employers and that no useful purpose 
would be served by consulting separately any organisations of employees. 

Mr. Williams; Do we understand "from that reply that the employees' 
representatives are not to be consulted in any way? 

Sir S. Hoare : I have left these consultations very much in the hands of 
the Government of India, but I am almost sure that they have consulted the 
main interests concerned. 



17* THE INDIAN RECORDER. 

Mr. Williams : Do we understand from what the hon. Gentleman makes 
sure that, before any plans are formulated one way or the other, the 
employees are consulted? 

Sir S. Hoare : I am prepared to trust the Government of India in this 
matter. I would much rather that all these' questions connected with the 
Ottawa Conference were left to the Government of India as far as possible. 

Mr. Williams : Does the right hon. Gentleman not think that it is utffair 
to consult the employers and not pay any attention to the employees? * 

Sir S. Ploare : I should not admit that that was so. In any case, I would 
prefer to leave the Government of India a free hand in these matters 
LOTHIAN COMMITTEE REPORT 

Mr. Morgan Jones asked the Secretary of State for India if he could 
indicate when the report of the Lothian Committee would be available. 

Sir S. Hoare: I hope' it may be possible to publish the report proper not 
later than 1st June, and two supplementary volumes about 10 days later, but 
1 must not be taken as pledging myself now to exact dates. 

SITUATION IN BURMA 

Mr. Donner asked the; Secretary of State for India whether he was in a 
position to make a statement with regard to the recent disturbances and 
present situation in Burma. 

Sir S. Hoare : There has been no development or incident of importance 
since I last supplied a statement to the House. 

SANKEY COMMITTEE NOT TO REPORT 

Major General Sir Alfred Knox asked the Secretary of State for India 
whether the report of the Lord Chancellor's Committee would be kept 
secret. 

Sir S. Iloare: As 1 have alrieady explained in answer to previous 
questions, it is not the function of this Committee to draw up a formal 
report. I would, nefer my hon. and gallant friend to the answer that I gave 
to the hon. member for Caerphilly (Mr. Morgan Jones) on 25th April. 

Sir A. Knox: Will the right hon. Gentleman answer the question 1 on the 
paper as to whether this report will be kept secret ? 

Sir S. Hoare : I have answered the question on the paper. There will 
be no report. 

Mr. Holford Knight: Is it not the case that the work of this Committee 
was undertaken for the information' of Parliament, and should not the House 
be given an account of the work of the Committee? 

Sir S. Hoare : The hon. and learned Member is under a total misappre- 
hension. The Committee was not appointed to advise Parliament, but to 
advise the Cabinet on a whole the series of constitutional and technical 
questions. 

Mr. Knight : Was it not the work of this Committee; to accumulate in- 
formation and suggestions for the framing of a Constitution for India, and 
is that not a work that would be useful for the consideration of Parliament ? 

Sir S. Hoare : 1 have told the House more than once that this is merely 
a technical committee exclusively composed of experts to advise the Cabinet. 

Sir A. Knox : Will the right hon. Gentleman impress upon the chairman 
and the members of the Committee the absolute necessity of keeping their 
discussions quite secret ? 

Sir S. Hoare : Yes, Sin I agree entirely with my hon. and gallant friend. 

KASHMIR 

Mr. Morgan Jones (for Mr. David Grenfell) asked the Secretary of State 
for India if he could make any statement with regard to the present situation 
in Kashmir. 



INDIAINCOMMONS. IT* 

Sir S. Hoare: So far as 1 am aware the situation in Kashmir remains 
quiet. The restoration of normal conditions in the recently disturbed areas 
continues. 

WITHDRAWAL OF ORDINANCES 

^Ir. Morgan Jones (for Mr. D. Grenfell) asked the Secretary ot State for 
Ind?a^#hether it was the intention of the Government of India to submit the 
provisions of the Ordinances at pile-sent in force in India ini the form of legis- 
lation for the consideration of the Indian Legislative Assembly on the expiry 
of the term of those Ordinances ; and whether he would consider the possi- 
bility of recommending the withdrawal of these measures. 

Sir S. Hoare : The Ordinances do not expire until July. It is much too 
soon now to make any 'statement. The circumstances prevailing at the time 
will have to be taken into account. 

GOVERNORS TO CONFER 

Mr. Jones : Can the right hon. Gentleman say whether it is a fact that 
shortly there will be a meeting of Governors of various Provinces in India to 
discuss the question whether the Ordinances ane, to be renewed or otherwise; 
and what is the attitude of His Majesty's Government in regard to the matter ? 

Sir S. Hoare : I can add nothing to the an'swer which 1 have given. 
Constant consultations are going on between the Government of India and 
myself and the Governors of the Provinces. 

Mr. Jones : May I take 'it that my information is practically correct that 
there is to be a meeting of Government ? 

Sir S. Hoare : No, Sir, I have no information of any meeting of this 
kind. 

CAWNPORE DISTURBANCES 

Mr. Morgan Jones (for Mr. D. Grenfell) asked thie. Secretary of State tor 
India if he was aware that on the 7th April police entered shops in Cawnpore 
and arrested customers and shopkeepers in the course of dispersing a pro- 
cession ; and what action had been taken by the authorities in response to the 
complaints made to the Collector of Cawnpore by the merchants. 

Sir S. Hoare: My information is to* the effect that during the first week 
in April, Congress supporters in Cawnpore took advantage of the replacement 
of the additional armed police by a 1 force of civil police to initiate a vigorous 
boycott of Briti'sh textile goods. The boycott was accompanied by a good 
deal of rowdyism and caused considerable alarm and confusion in the cloth 
market, necessitating the sending of a special force of armed police to the 
city, on whose arrival the situation rapidly improved. I have no information 
as to the specific points raisied in the question, but if complaints were made to 
the authorities they no doubt received proper attention. 

CONDUCT OF BRITISH TROOPS IN INDIA 

Captain Strickland asked the Secretary of State for India whether, in 
view of the scandalous libels to which prominence had recently been given 
against the British troops in India, he would make a statement regarding 
the conduct of their troops in India. 

Sir S. Hoare: I dealt with this subject in the debate of 29th April, and 
I do not think that I need add anything to the tribute I then paid to the 
excellent conduct of the British troops in India. 

Mr. T. Williams asked the Secretary of State for India whether he was 
aware that valuable articles belonging to the Fine Art Printing Works, 
Allahabad, had been detained by the Indian postal authorities for a period of 
12 days; and whether it was intended to compensate the afore-mentioned 
company for such detention. 

Sir S. Hoare: I hav<e no information on the subject. 

23 



tt8 THE INDIAN RECORDED. 

SILVER WEDDING FUND 

Captain Fuller asked the Secretary of State for India if he would furnish 
a statement showing the state of the Silver Wedding Fund for widows of 
Indian officers holding Viceroy's commissions, the source from which the 
funds were obtained, and a list of those securities which had so depreciated 
in value that no further relief grants could be made to widows; and who 
was responsible for making those investments. 

Sir S. Hoare: I am sending for my hon. and gallant Friend's in- 
formation a copy of the Silver Wedding Fund Report for the year ending 
31st December, 1931, which, 1 think, will give him all the information he 
requires, 

MAY 30, 1932. 

A REPORT ON CONGRESS ACTIVITIES 

Mr. Lambert asked Sir Samuel Hoare to prepare a report for circulation 
abroad illustrating the Congress activities. 

Sir Samuel Hoare proposed to consider the suggestion, but doubted 
whether the demand would justify the expenditure for publication in 
several languages. 

AMERICAN FUNDS FOR CONGRESS 

Mr. Lambert mentioned American subscriptions for the Congress and 
requested that steps be taken to counteract the effect in America. 

Sir Samuel Hoare replied: We will take 'such steps as we can. 

Sir Samuel Hoare promised to consider the suggestion, although he 
doubted its practicability. 

ALLOWANCE TO DETENUS 

The assertion that political detenus in India were receiving from the 
Government compensatory grants in some cases over 1,000 annually was 
made by Mr. Bracken, who asked for a list of the recipients. 

Sir S. Hoare said that he did not possess information, but promised to 
ask the Government of India if Mr. Bracken desired. But he pointed out 
that allowances were not made to convicted persons. 

WEEKLY REVIEW 

The situation in India during the past week was reviewed by Su 
Samuel Hoare, in answer to a question in the Commons. 

As regards the civil disobedience movement, there had been little 
change, he said. Attempts had been made in one or two provinqes to rouse 
interest and create trouble by holding provincial conferences to confirm the 
resolutions to pass which an attempt was madie at the recent Delhi session. 

During the week there was a renewal of communal noting in Bombay 
City. The latest information, Sir Samuel said, was to the effect that the 
position was still unsatisfactory. The affected areas were being patrolled 
by the military. The return of troops brought into the city had been 
suspended and the number of motor patrols had been increased. 

Sir Samuel Hoare said that the enquiry into complaints against certain 
police officers of Benares, who were accused of maltreating a number of 
young girls, had been completed by the District Magistrate and the men 
charged had been honourably acquitted. It appeared that eight women, 
who were arrested for causing disturbance, were released after one hour's 

BENARES INCIDENT 



INDIAINCOMMONS. 179 

detention, when investigations had shown that they were not persons of 
any importance. The evidence at the enquiry indicated that, throughout the 
proceedings, the, women had been merely tools in the hands of the assistant 
editor of a newspaper (Aj) in which the allegations were first published. 
The District Magistrate concluded that the whole case against the police 
was false, that the story of women being stripped was false, that the alleged 
beating had not taken place and that there was little doubt that the whole 
business was concocted for political purposes either in revenge or to deter 
the police from dealing with women volunteers. 

PROSECUTION FOR FALSE ALLEGATIONS 

After Sir Samuel Hoare's statement on Benares allegations, the Earl 
of Winterton asked whether persons in India and Britain repeating the 
allegations would be prosecuted. 

Sir Samuel Hoare replied that he was inquiring and added that storks 
of this nature were simply a part of the Congress propaganda. He illustrated 
the grave risk of accepting such gross and libellous statements. 

Sir Samuel Hoare declared that he was inquiring into the question of 
proceedings against newspapers. 

TRANSFER OF PRISONERS TO ANDAMANS 
A suggestion to relieve congestion in the Indian jails by deporting 

political prisoners to Andamans or elsewhere was made by Sir Charles 

Oman. 

Sir Samuel Hoare replied that he was considering the transfer of 

certain classes of prisoners to Andamans. 

WEEKLY REVIEW 

Sir Samuel Hoare reported that the past week in India had been un- 
eventful, the main feature being further unsuccessful attempts to hold 
Congress Conferences. In Bombay, the feeling between the two commu- 
nities remained tense. 

CONSULTATIVE COMMITTEE 

Sir Samuel Hoare told Mr. David Grenfell that the Consultative Com- 
mittee of the Round Table Conference should have met on May 23 but 
they informed the Viceroy that they wished it to be postponed. Sir Samuel 
Hoare was unable to give the date of the next meeting but hoped that it 
would not be unduly delayed and that numerous questions, still needing 
discussion, would appear on the agenda. 

INDIA'S DEFENCE EXPENDITURE 

Sir Samuel Hoare told Mr. Thomas Williams that, following negotia- 
tions, it had been agreed that the question of capitation charges and incidence 
of India's defence expenditure should be referred to an Advisory Tribunal. 
He hoped shortly to announce the terms of reference of the tribunal and 
its personnel.* 

* In this connection, Financial Times admitted that on the score of equality 
India had a strong case for relief. The paper contended, however, that 
Britain could not contemplate any additional financial burden. 

It recalled the view taken by the Simon Commission in its report, 
namely, that the defence of India was no concern of the whole of, the Empire 
and suggested that all members of the British Commonwealth of Nations 
might take the opportunity provided by Ottawa " to endeavour to find an 
agreeably effective means whereby the Empire, and not the^oldest or the 
youngest members of it, could share a common responsibility." 



180 THE INDIAN -RECORDER. 

JUNE 20, 1932. 

COMMUNAL AWARD 

Major Milner (Labour) asked when Government hoped to announce 
provisional decisions regarding the proportionate representation of com- 
munities in the legislatures. 

Sir S. Hoare replied that he was unable to make a statement at present. 

JUNE 27, 7952. 

INDIA OFFICE DEBATE 

Speaking on the India' Office vote, Sir S. Hoare said that he proposed to 
explain the Government's immediate programme to ask the House to help 
in surmounting practically and sensibly the obstacles still in the way of 
constitutional development. He indicated that his speech would fall under 
three heads, namely, the Ordinances, the Communal question and the Cons- 
titutional procedure. 

How the Ordinances have Worked 

Speaking on the Ordinances, Sir S. Hoare said that generally the action 
taken had completely succeeded in keeping the Civil Disobedience in check 
and in some cases had exceeded expectations. 

Sir S. Hoare maintained that the charges ot excessive us|e of powers 
were unjustified. They were admittedly drastic but were justified by the 
necessity of proving that Civil Disobedience could not succeed against the 
organised resources of the State. 

Hardly more than one in 10,000 of the population had been prosecuted 
in connection with Civil Disobedience and less than one m 20,000 under the 
Ordinances, while the powers had unquestionably prevented loss of life and 
property and greatly diminished thie necessity of forcible action. 

Regrettable incidents were remarkably few. The use of Ordinances had 
been strictly confined to actual needs and had been on 1 a diminishing scale. 

The position might be, summed up by saying that the Government had 
the movement under control and the initiative was with them and not with 
the Congress but, though mischief-makers had been effectively checked, 
they did not yet intend to abandon the subversive campaign. In such a 
situation the test of policy was whether action was necessary in the 
interests of Law and Order and good Government and whether it was 
calculated to give protection from illegal and oppressive tyranny which 
the community was generally entitled to expect. 
Special Powers to Continue 

Sir S. Hoare then announced that, judging by that test, the Government 
had come to the conclusion that it was necessary to retain the powers. 

Sir S. Hoare said: "We have come to the conclusion that there will 
be on 3rd July an emergency sufficiently grave to necessitate the exercise 
of special powers. Therefore it is intended to assume by Ordinance the 
majority of the powers that will otherwise lapse. 

"A few of the present powers will not be ren/ewed and no additional 
powers will be assumed." 

Sir S. Hoare added that the Government of India desired to restrict 
the application of the powers to provinces where they were definitely 
required. Similarly, in the provinces powers would be applied only in the 
districts where they were indispensable. 

Replying to possible criticisms of this decision that the powers were 
unnecessary in view of the definite improvement in the situation and that 



INDIAINCOMMONS. 181 

sullen resentment was being ctfeated amongst many who were not partici- 
pating in the Civil Disobedience, Sir S. Hoare said that though the powers 
might not be used, they must be retained in reserve since the people with 
whom they were dealing would concentrate on every gap in their defence. 
He said that the application of powers would be carefully and sympathe- 
tically regulated by the needs of the provinces and districts. 
No Drawn Battle 

Sir S. Hoare claimed that sullen resentment existed among those whose 
efforts had been frustrated. He admitted that there were others who 
regretted the drastic action taken,, but many of them wished to see a drawn 
battle between Government and Congress movement. The Government 
would not be content with a drawn result. They were determined to take 
every action in their power to suppress their challenge to their authority. 

Sir S. Hoare referred to the great sections of the population, who stood 
behind their Government and said that the way to show their good faith 
was not to break with friends nor to take action one day and abandon it 
the next, but to go resolutely on with the programme to carry out the 
pledges they had made. 

Communal Decision in Summer 

Sir S. Hoare reminded the House that there could be no constitutional 
advance in the centre or the Provinces unless the communal question was 
decided. He said that the Government's hope that the Communities would 
s/ettle the question for themselves was disappointed and during- the last six 
months the communal question on the whole had become more bitter and 
more complicated. He repeated the pledge that the Government would be 
prepared to make a decision and said that they intended to do so during 
summer. 

It would be impossible to give a specific datje on account of the com- 
plexity of the questions involved and the necessity for the Premier's 
presence in London so that he could give valuable, undivided attention to it, 
but the Government were so determined to go on with the constitutional 
programme that, despite all the manifest difficulties and danger, they would 
give a decision in summer. 

One Comprehensive Measure 

Discussing procedure, Sir S. Hoare emphasised the anxiety of the 
Government to avoid unnecessary delay and to retain to the end Indian 
co-operation, which meant so much in the last two years. Therefore they 
intended to attempt to proceed by one Bill. 

Sir S. Hoare hoped that that would be satisfactory to a great majority 
of Indians and would be to the convenience of the members of the, House, 
who would thereby be asked to deal in the present Parliament with one 
comprehensive measure. He added that the Government had started con- 
versations with representative Princes, which would be continued primarily 
in India with a view to seeing at the earliest date how far they could 
proceed with the All-India federal scheme. 

Announcement on Procedure of Constitutional Reforms 

Sir S. Hoare then made the declaration -issued by the Viceroy in India 
(published on page 39). 

THE DEBATE 

Mr. MORGAN JONES, formally moving the reduction of 100 in the vote, 
said that the Opposition required adequate time to consider Government's 
proposals. They would not, therefore, discuss them in detail,' but they 
would have felt greater confidence in their ultimate 1 success if there had 



182 THE INDIAN RECORDER. 

been a hint in Sir S. Hoare's speech that he intended to use the time between 
then and the end of summer in trying to build a permanent bridge across 
the gulf between Government and the section of opinion represented by 
Mr. Gandhi. He also said that the information at the disposal of the 
Labourites did not accord in every particular with the glowing and com- 
forting picture painted by Sir S. Hoare. He said that the Ordinances were 
driving the Congress movement underground, while the policy of repres- 
sion was tending to create a situation which was driving Moderate opinion 
into closer association with Congress. Continuing the speaker urged that 
if the Government wanted to propound proposals for a larger measure of 
self-Government, they should make co-operation attainable by a policy of 
reconciliation with the Congress. 

SIR REGINALD CRADDOCK urged that if reforms were granted, it should 
be made plain that they were a difficult and dangerous experiment which 
would be rescinded if they failed. 

COL. WEDGWOOD thought that the time had come for the democrats to 
point out the danger of a federal solution which, with the representation of 
landlords and others including the Princes, would constitute a tremendous 
obstacle to democratic development. 

SIK ALFRED KNOX hoped that those, who, like himsielf, considered that 
the constitutional advance of India should be slow, would be represented 
on the Joint Committee. 

MR. WARDLAW MILNE congratulated Sir S. Hoare and expressed the 
opinion that the time for Conference was over and the time for action had 
come. 

MIR. ERNEST BENNET, while admitting the necessity of the ordinances, 
criticised the system of compelling people to report to the police daily. 

MAJOR ILNER welcomed the modification of the Ordinances, expressing 
the opinion that they had been excessive and the powers had been used 
excessively. He hoped that Sir S. Hoare would allow anyone willing to 
mediate to do so. 

SIR ADRIAN BAILLIE, supporting the Government's policy, stressed the 
importance of the trade with India and! urged, as a result of his recent visit 
to India, a change of attitude of British and European residents towards 
Indians. 

Miss RATHBONE dwelt on the importance of speed in carrying out the 
programme outlined by Sir S. Hoare and asked if Mr. Gandhi would be 
among those whose co-operation was sought. 

MR. SANDEMAN asked for assurances regarding the safeguards, about 
which Lancashire wanted to know more. 

MR. GRENFELL described Sir S. Hoare's statement as the most satis- 
factory on the Indian question made in the House for some time. 

Appeal for Negotiation with Congress 

MR. LANSBURV said that Labourites took the view that Sir S. Hoare's 
statement marked a departure from the method inaugurated by the Labour 
Government with Conservatives' approval. They had started with the idea 
that Indians would be consulted throughout but now Indians would be 
" closed down." He made it clear that Labourites took their stand on the 
principle that the people of India were entitled not only to self-govternment 
but also to self-determination. They had the absolute right to remain in 
the British Commonwealth or leave it and that was the standpoint from 
from which Labourites would judge legislative proposals when they were 
submitted to the House or the! Joint-Committee. Continuing Mr. Lansbury 
contended 'that if the Government was unable to maintain the position 
except by such powers as were described that nigbt, they had no 



INDIAIN COMMONS. 183 

right to remain rulers of the country and thought that Sir S. Hoare, instead 
of saying that it was a fight to the end, should have adopted different 
methods. He appealed to Sir S. Hoare to get in touch again with 
Mr. Gandhi. (Laughter and 'cries of dissent from many Government 
Members.) He referred to the letter of the Archbishop of York and 
others (in which they expressed the hope that an opportunity may be taken 
for some gesture of goodwill from the side of the British Government) as 
showing that he was not alone in his view. He again appealed to Sir S. 
Hoare to go to India and negotiate again with Mr. Gandhi or try to find 
a solution, as a solution must be found. 

"A Return to Old Birkenhead Proposal*" 

MR. CHURCHILL castigated the Lothian Report, which would cause 
immense unrest. Nevertheless, he considerably agreed with the procedure 
marked out by Sir S. Hoare, which, in the main, seemed a return to the 
old Birkenhead proposals and brought the problem back to Parliament's 
being responsible for the well-being, good Government and progress of 
India. 

SIR S. HOARE'S REPLY 

Sir S. Hoare, replying, repudiated the suggestion that Government's 
proposals meant the end of the Round Table Conference method. There 
was nothing further from the Government's mind than to bring this chapter 
of Indian co-operation to an end. There was no ulterior motive and the 
Government did not desire to side-track the expression of Indian opinion. 
The proposals made were solely and expressly for the purpose of avoiding 
delay. Another meeting of the Round Table Conference and the Federal 
Committee would have postponed the introduction of constitutional measures 
certainly for a year and possibly indefinitely. He hoped that Mr. Lansbury 
would see that the Government were not impeding but expediting a settle- 
ment. He also expressed the hope that Indian co-operation would greatly 
help in the last stage of the deliberations. 

"No Change of Policy" 

Sir S. Hoare declared categorically that there was no change of policy. 
He added that they should proceed with the preparation of Government's 
proposals directed to the objective of a single Bill. There would be ample 
opportunity to judge whether the terms of neference were satisfactory. 
Government definitely intended that the main bodies of opinion of both 
Houses should be adequately represented. 

Sir S. Hoare declared that there was no foundation for the fear that 
the new method might exclude representatives of Indian States from 
further consultation. The methods proposed were particularly desired by 
the Princes themselves. He would certainly see that the States representa- 
tives had an ample opportunity to express opinion at all the later stages of 
the deliberations. They preferred at present to start conversations imme- 
diately with the Viceroy and possibly later they might wish to send a 
delegation to London. In any case, they should keep in closest touch with 
them in order to bring the Federation to a settlement at the earliest possible 
moment. 
Separation of Burma 

Sir Samuel then proceeded to deal with " the important issue " raised 
by Mr. Wardlaw Milne whether the election to be held in Burma would be 
final on the question of separation. He said that Mr. Wardlaw Milne had 
raised the question of the offer held out by the National Congress at 
Karachi to the people of Burma that they might remain a part of India 



184 THE INDIAN RECORDER. 

and retain the right to separate whenever they wished. "It is a case," he 
added, " that there is in Burma a party that advocates entry into the pro- 
jected Indian Federation in the belief, as [ understand it, that as the 
Congress resolution holds out, Burma will be able, at some later date, when 
it seems to her more convenient, to withdraw from the federation on her 
own terms. This view of the situation is< more or less openly held by such 
delegates to the Burma Conference as it represented the anti-separationist 
party." 
Question of Secession 

Sir S. Hoare proceeded to state that the House would remember that, 
at the close of the Burma Conference, the Prime Minister remarked: "If 
an Indian Federation is established, it cannot be on the basis that the 
members 1 can leave it as and when they choose." It might be that the signi- 
ficance of the Prime Minister's remark had not been! fully appreciated in 
Burma and India, and he might, perhaps, usefully take the present oppor- 
tunity to say clearly that His Majesty's Government would certainly not 
contemplate the grant of the righlt of secession to Burma on entering the 
Indian Federation. Apart from the fact that the admission of any such 
right would be flatly opposed to the whole idea of Federation, secession 
would be objectionable on account of its effects on such important and 
delicately adjusted matters as the distribution of representation in the 
Indian Parliament and the size of the Federal Legislature. 

Question of Separation to be Decided by New Council 

Moreover, the secession by Burma after an interval would reopen at 
that stage the whole question of that country, the settlement of which 
would still remain a matter for determination by His Majesty's Government. 
That was a contingency 1 which His Majesty's Government were not prepared 
to contemplate. Burma would, thenefore, be requested at the forthcoming 
election to take her choice between two alternatives either (a) she could 
decide to separate from India and pursue her own political destiny apart 
from India on the basis of a Constitution framed on the lines set forth by 
the Prime Minister in his announcement at the close of the Burma Con- 
ference, or (b), she could elect to enter the Indian Federation, in which case 
she would remain a province of India and would be treated in exactly the 
same way as any other province and would not have secured to her, by the 
Federal Constitution, the right of withdrawing at will from the Federation. 
Conditions Precedent to Co-operation 

Concluding, Sir S. Hoare referred to Mr. Lansbury's appeal for recon- 
ciliation and iiffirmed that the Government were ready to co-operate with 
anyone ready to co-operate with them, but they would on no account begin 
negotiating with people who still showed no signs of wishing to co-operate. 
As long as the motive forces behind the Congress were still arrayed 
against ordered Government, they could not contemplate peace with them. 
" Let them lay aside civil disobedience," observed Sir Samuel, "and make 
it clear that they are prepared to co-operate with us on the lines of the 
White Paper, we shall not be slow to co-operate with them. Until they 
definitely abandon the attempt to smash the machine of Government and 
set themselves up as a rival to the accredited Government of India, there 
can be no question of negotiations of any kind." 

The opposition motion to reduce estimates was defeated by 242 votes 
to 28. 

The debate was then adjourned. 



& T. C. COMMITTEE REPORTS 



INDIAN FRANCHISE COMMITTEE 

EVIDENCES AND REPORT 

THE Indian Franchise Committee * constituted under the Prime 
Minister's instructions as a result of the recommendations of the 
Franchise Sub-Committee of the Round Table Conference concluded their 
tour in India during the quarter ended June, 1932 and finished the recording 
of evidence and the drafting of the report. The Report of the Committee 
including qualifying notes and minutes of dissent was published simulta- 
neously in England and India on June 3, 1932. 

EVIDENCES 

The Franchise Committee after visiting every province except the 
Central Provinces and Assam for recording evidences arrived at Lahore on 
March 31, 1932 and had private consultation with the Provincial Committee. 
In the afternoon three officials Mr. J. E. Koeugh, Deputy Commissioner, 
Lyallpur, Mr. E. M. Jenkins, Deputy Commissioner, Amritsar and Mr. 
Fazlai Ilahi, Director of Public Information, Punjab Government, were 
examined in their personal capacities. They enlightened the Committee on 
local administrative conditions and administrative difficulties if the various 
methods of enfranchisement were adopted. Witnesses agreed if the coloured 
ticket system was introduced at polling booths and five polling officers, five 
patwark (who were to identify voters) and one presiding officer were en- 
gaged in one day, four times more number of voters could record their 
votes from one constituency than at present. 

The system of primary election by group electorates was adminis- 
tratively difficult. There should be different constituencies for rural and 
urban voters as their interests were different. Mr. Keough opined that 
women should receive the vote on the same property qualification as men. 
A large increase of women voters would create very many serious adminis- 
trative difficulties. In his opinion enfranchisement of tenants would include 
a considerable number of depressed classes. 

PERSONNEL OF THE INDIAN FRANCHISE COMMITTEE 

*A communique issued from New Delhi on January 13 announced the personnel of 
the Indian Franchise Committee. The Committee was to consist of the following 
members : 

Marquis of Lothian (Chairman) ; Sir Ernest Bennett, M.P. ; Mr. R. A. 
Butler, M.P. ; Marquess of Dufferin and Ava; Sir John Kerr; Major J. Milner, 
M.P.; Hon. Mary Ada Pickford; Dr. B. K. R. Ambedkar ; Khan Bahadur 
Aziz-ul-Huq; Hon'ble Mr. E. Milner; Sir Muhammed Yukub; Dewan Bahadur 
Ramaswami Mudaliyar; Mrs. Subbarayan; Sir Sundar Singh Majithia and 
Mr. Shripad BaHwant Tambe (Members) ; Messrs. Jayaratnam and Laithwaite 
(Joint Secretaries); Messrs. S. P. Thompson and F. T. Ward (Assistant 
Secretaries). 

TERMS OF REFERENCE 

The terms of reference of the Committee was outlined in a letter from the Prime 
Minister to Marquis of Lothian, Chairman of the Committee. The letter said: 

24 



1S6 THE INDIAN RECORDER, 

APRIL 1, 1932 

EXAMINATION* OF REPRESENTATIVES OF UNTOUCHABLES 

The Committee examined Dalit Udhar Mandal founded in 1908. The 
Mandal suggested that Rs. 5 monthly income in villages and Rs. 10 in 
towns to be the lowest standard for enfranchisement. They would bring in 
at least 10 per cent untouchables. Land qualification for votings would 
not suit the untouchables as long as the Land Alienation Act existed. They 
urged joint electorates and reservation of seats. They opined that un~ 
touchability was soon dying out from the Province. 

The Committee next examined the representatives who claimed to re- 
present the Santmandal religion followed by 2,000,000 of untouchables in 
the Province. They wanted separate electorates. The examination was not 
concluded when the Committee adjourned for lunch. 

"It is the wish of His Majesty's Government that your Committee should consider 
in the first place what extension of franchise fort Provincial Legislatures is desirable and 
administratively feasible and the possibility of supplementing direct representation by a 
system of group representation or otherwise, and your enquiry will be so conducted as 
to elicit information to frame proposals for electorates, constituencies and methods of 
election required to produce a Federal Legislature of the type indicated in the third 
report of the Federal Structure Committee." 

The Premier then stated that questions like disparities between rural and urban 
enfranchisement, desirability or otherwise of giving each community the voting strength 
proportionate to its numbers, extension, of military service qualification and introduction 
of new educational qualification would, no doubt, come under the notice of the 
Committee, but His Majesty's Government attached special importance to securing more 
adequate enfranchisement of women. The Committee was also to consider methods by 
which Labour representation could most effectively be secured. 

The Premier referring to the question of Depressed Classes asked the Committee 
to contribute towards the solution of this question, firstly, by indicating the extent to 
which these classes would be likely through the general extension of -franchise to 
secure right to vote in ordinary electorates, and secondly that enquiry should afso bring 
about facts which would facilitate the devising of a method of separate representation 
for Depressed Classes, should the decision eventually favour these either generally or in 
provinces where they formed a distinct and separable element in population. 

Finally, the Premier referred to the question of separate communal elect-orates and 
said : " It is not of course the function of your Committee to attempt the settlement 
of communal problem. As you are aware the Government are deeply anxious that this 
settlement should be by agreement amongst the communities themselves. Meanwhile 
recognise that even the present phase of your inquiry may be hampered if you are not 
in possession of a provisional working hypothesis. IJis Majesty's Government desire 
your Committee, therefore, ta proceed in so far as you may find that absence of such 
assumption would preclude you from arriving at conclusions on the assumption that 
separate communal electorates will continue to form a feature of new constitution." 

The Premier added that Local Governments would set up Provincial Committees 
to co-operate with the Lothian Committee, and in conclusion suggested that in case the 
enquiry could not be completed by cold weather an interim report might be submitted. 

QUESTIONNAIRE 

The following were the questionnaire issued by the Indian Franchise Committee 
on January 13, 1932. 

Having regard to the wide range cf enquiries which it is necessary for the 
Franchise Committee to undertake before it can frame detailed plan! for the constitution 
of several legislatures the Chairman is of opinion that it is very improbable, if not im- 
possible, that the Committee will be able to cover tht whole field during the first stage 
pf their enquiry. In order to provide a practical programme it 'will therefore be 
necessary to concentrate attention in the first instance on fundamental question of the 
franchise to be adopted in constituencies which wtfl elect the various legislatures. 

It may, therefore, be necessary to postpone enquiries relating to the representation 
of special interests, the advisability of creating bicameral legislatures in Provinces, the 
qualification and disqualification of candidates and other subsidiary though important 
questions until a later stage of the Committee's iavestigations. A further questionnaire 
relating to these matters will be issued in due course. The f of lowing questionnaire deals 
witn the franchise 'to be adopted fo* the Provincial and Central Legislatures. Question 



INDIAN FRANCHISE COMMITTEE W 

APOLOGY FOR MAL-TREATMENT BY POLICE 

The Chairman here stated that thq Chief Secretary to the Punjab Gov- 
ernment had offered an unreserved apology to the Indian Members who 
were maltreated by the police and he expected a further statement from 
the Governor. Departmental action was being taken against the police 
officers concerned. 

APRIL 2, 1932 

SURPRISE VISIT TO A VILLAGE 

The Committee paid a surprise visit to Vanieke village, 9 miles from 
Lahore on the Amritsar Road. The village is a fairly enlightened one and 
had a population of about 1.000 souls. 

relating to the representation of women, labour and depressed classes have been included 
because solution of these problems depends (largely on the extent to which basis of 
suffrage can be widened in general constituencies. 

PROVINCIAL LEGISLATURES 

EXTENSION OF THE FRANCHISE 

Having regard to the fact that the principle of a responsible Federal Government, 
subject to certain reservations and safeguards, has been accepted by His Majesty's 
Government and that the Governors' provinces are to become responsibly governed 
units, enjoying the greatest possible measure of freedom from outside interference and 
dictation in carrying out their own policies in their own sphere, it is obviously necessary 
so to widen the electorates that the Legislatures to which responsibility is to be en- 
trusted should be representative of the general mass of the population, and that no 
important section of the community may lack the means of expressing its needs and 
its opinion. The Franchise Sub-Committee of the Round Table Conference considered 
that adult suffrage was the goal which should ultimately be attained but the majority 
thought that it was not practicable to reach that goal immediately and recommended " the 
immediate increase of the electorate so as to enfranchise not less than 10' per cent, of the 
population, and indeed a larger number but not more than 25 per cent, of the total 
population if that should, on full investigation, be found practicable and desirable." 

(a) What means can you suggest by which the existing franchise for the 
provincial legislature could be extended so as to include 10 per cent, of the population 
in the electoral roll? 

(b) Do you consider that such an electorate will be capable of casting an 
intelligent vote? 

(c) Do you consider that such an electorate wouPd be administratively manageable 
having regard to the arrangements likely to be feasible for the preparation, maintenance 
and revision of the electoral rolls, and for the recording and counting of votes? 

(d> If answer to (b) and (c) is in the negative, what alternative qualifications 
for the electorate would you propose ? 

(e) If the answer to (b) and (c) is in the affirmative, do you consider that it 
would be practicable and desirable, having regard to the same considerations, to enlarge 
the electoral roll still further and, if so, what means would you suggest for the 
purpose? 

(f) It has been suggested that assuming adult suffrage to be impracticable at 
present, all adults not entitled to a direct vote should be grouped together in primary 
groups of about 20 or in some other suitable manner for the election of one or more 
representative members from each group, who would be entitled towote in the provincial 
elections either in the same constituencies as the directly qualified voters or in separate 
constituencies to be framed for them. The suggestion has been discussed mainly with 
reference to rural villages, but might be made applicable to 'towns also. 

Do you consider that any such system* would be feasible, and advantageous in the 
areas with which you are acquainted, and, if so, would you advise that the group 
electors should vote in the same constituencies as the directly qualified electors, or in 
separate constituencies composed of group electors only? 

(g) It has been proposed that in the event of separate constituencies being 
framed for group electors, only group electors should be qualified to stand as candidates 
for such constituencies? 

Are you in favour of this course? 



188 THE INDIAN RECORDER. 

Some of the villagers said that they would love to have the right of 
vote and added that if their representatives were properly elected they 
could do a lot of good to the people. Jats favoured separate electorates for 
their men and women while a few of untouchables pointed out that they 
did not labour under any great hardship in the village and they would not 
mind having a mixed vote. The untouchables also understood the significance 
of vote and one of them remarked that the right of vote would add to his 
influence in the village. Women, who were also watching the enquiry with 
interest showed their liking for the right of vote when they were asked 
by the lady members of the Franchise Committee. Some of the women 
said that although they had no objection to visit common polling booths for 
men and women, they would prefer separate arrangements. Some of them 
said that they had already taken part in Gurdwara elections while they had 
seen quite a number of elections. 

FRANCHISE QUALIFICATIONS 

(a) Do you consider that in the areas with which you are acquainted, therei is any 
marked disparity in the operation of the franchise qualifications in urban as compared 
with rural areas? If so, what measures would you suggest in order to rectify such 
disparities ? ' 

(b) Assuming that communal electorates of some sort are retained, it has been 
suggested that each community should be given a voting strength proportionate to its 
members, and that the franchise system should be so contrived as to secure this result, 
in so far as it may be practicable. 

Arc you in agreement with this suggestion, and, if so, what measures would you 
suggest for giving effect to it in your province? 

(c) Is the possession of property of seme kind in your opinion a suitable test 
of fitness for the franchise? If so, do you consider the existing property qualifications 
suitable in principle? If you do not, what modification do you suggest? 

(d) Are you in favour of introducing a qualification based on education, inde- 
pendently of property, and, if so, what educational qualification would you suggest * 

(e) Are you in favour of retaining the existing military service qualification and 
extending it so as to include service in the Auxiliary and Territorial Forces? 

WOMEN'S SUFFRAGE 

(a) At present women are admitted to the suffrage on the same terms as men, 
but as the existing qualifications are mainly based on property and the payment of taxes, 
the number of women on the provincial electoral rolls is only a little over a quarter of 
a million as compared with 6i million men. The Statutory Commission proposed that 
the wives and widows (if over 25 years of age) of men entitled to vote under the 
property qualification, should be enfianchised, and that in addition an educational 
qualification should apply to women over 21 as well as to men. In the Franchise Sub- 
Committee of the Round Table Conference it was suggested that the age limit should 
be 21 for women as we?l as for men. 

Are you in favour of increasing the women's electorate in the ways suggested or 
would you prefer any other method, if so, what method? To what extent would you 
favour increase in women's electorate? 

(b) In the event of a system of group representation being established as 
proposed in paragraph I (f), do you consider that women should be formed into groups, 
and, if so, should separate groups be formed for women or should groups contain both 
men and women? 

REPRESENTATION OF THE DEPRESSED CLASSES 

It is evident from the discussions which have occurred in various connexions in the 
Round Table Conference, that it is generally felt that provision should be made in the 
new Constitution for better representation of the Depressed Glasses, and that the 
method of representation by nomination is no longer regarded as approprfate. 

Do you consider that the Depressed Classes are likely, through such general 
extension of the franchise as you favour, to secure representatives of their own choice 
in the general electorates, and if so, to what extent? If your answer is in the negative, 
what specific proposals would you make to secure their representation in Legislatures? 
The possible application of the group system of representation to the Depressed classes 
should be specially considered. 



INDIAN FRANCHISE COMMITTEE 189 

PUNJAB PROVINCIAL FRANCHISE COMMITTEE 

Replying to the questionnaire of the Indian Franchise Committee the 
Punjab Provincial Franchise Committee, by a majority, rejected property 
qualification for franchise in favour of some form of group system. 

As to the method of including ten per cent of the population in the 
electoral roll they suggested some form of group system by itself or supple- 
menting the existing system. 

The Committee generally were of opinion that the intelligence of the 
electorate comprising ten per cent of population would not be materially 
different from that of the existing electorate of three to six per cent. Mr. 
Owen Robert was inclined to doubt this. Eight members considered that ten 
per cent voters would be manageable administratively. No member of com- 
mittee desired to have more than ten per cent of the population voting 
directly for the Legislative Council. 

REPRESENTATION OF LABOUR 

Assuming that such widening of the basis of suffrage in general constituencies as is 
found practicable does not provide adequate representation of labour what special 
measures would you recommend' for representation of labour (a) where it is or can 
be organised as in industrial areas; (b) where it is organised as in case of agricultural 
and plantation labour. On what basis would you allot representation to labour in each 
case? 

FEDERAL LEGISLATURE 

ALLOCATION OF SEATS TO BRITISH INDIAN PROVINCES 
In the third report of the Federal Structure Committee the following allocation 
of sejats to provinces of British India in the two chambers of the Federal Legislature 
was tentatively suggested: 

Upper Lower 
Chamber. Chamber. 

Madras . ... , - 17 32 

Bombay 17 26 

Bengal 17 32 

United Provinces ..... . ~ .17 32 

Punjab .. 17 26 

Bihar and Orissa ... ... 17 26 

Central Provinces (if Berar is included} . 7 12 

Assam .. ~ . 5 7 

N.-W. F. Province 2 3 

Delhi 1 1 

Ajmer-Merwara I 1 

Coprg . 1 1 

British Baluchistan . . 1 I 



120 200 

As a working hypothesis for the purpose of arithmetical calculation at the present 
stage it may be assumed that the Federal Legislature will be approximately of the size 
indicated in the report of the Federal Structure Committee. 

(a) The Federal Structure Committee proposed that the representatives of 
British Indian Provinces in the Upper Chamber should be elected by the Provincial 
Legislatures by a single transferable vote. Do you agree with this proposal or have 
you any alternative to suggest? 

(b) Do you consider that the franchise qualifications ought to be different for 
the Federal and Provincial Legislatures? If so f what do you consider it 'ought to be 
in the case of the Federal Legislature? 

(c) The majority of members of the Federal Structure Committee considered 
that election to the Lower Chamber of the Federal Legislature should be by territorial 
constituencies consisting of qualified voters who would cast their vote directly for the 
candidates of their choice. Under a scheme of this nature there would be more than 
a million inhabitants on an average in each constituency. The constituency would m 
some cases be of enormous size especially if communal electorates were introduced. In 
view of obvious difficulties which must confront a candidate in canvassing and main- 
taining contact with such large constituency the Committee recommended that alterna- 



190 THE INDIAN RECORDER. 

The Committee agreed in principle that each community should be given 
voting strength proportionate to its numbers and observed that that would 
be secured by a complete group system. 

With the exception of, one member no member of the Commktee was in 
favour of introducing property qualification for women. 

Three members were in favour of franchise for wives and widows 
coupled with literacy franchise for unmarried women in the event of their 
being no group system. 

Mrs. Chatterji's support of the group system was mainly due to the fact 
that it was only under this system that women came in on equality with men. 
She would only accept wives and widows qualification as a last resort if 
the group system was turned down as completely unworkable. Other mem- 
bers of the Committee were against it in all circumstances. 

Mr. Din Mohammed (Moslem) and Hansraj (depressed classes represen- 
tative) held that while there were no depressed classes among Mohamme- 

tives of direct and indirect elections should be fully explored and suggested that while 
it might be possible without difficulty to adopt direct election in certain areas some form 
of indirect election might prove desirable in rural areas. 

The Franchise Committee would be glad to have your views on this difficult 
question. Tn the event of your favouring some system of direct election it would be 
very useful if you would indicate the nature of the constituency that you would form 
having regard to the number of seats which you consider ought to be allotted to your 
Province. 

REPRESENTATION OF WOMEN, LABOUR AND DEPRESSED CLASSES 

Please add any further suggestions which yon desire to make regarding the re- 
presentation of women, labour and the Depressed Classes in the Federal Legislature. 

GENERAL 

Tt will be of great assistance to the Franchise Committee if you will favour them 
with any observations on the working of the existing franchise and electoral rules 
which will throw light on the problems now under consideration. The Committee will 
of course, require information later on many other questions, but it is not necessary 
to deal at present with matters outside the scope of this questionnaire. 

It is not the function of the Franchise Committee to consider the maintenance, 
modification or abolition of the existing system of separate communal electorates though 
it is clear that this question must be decided before a final scheme can be drawn up 
for the composition of the various legislatures and the arrangement of the constituencies 
upon which they are to be based. His Majesty's Government have instructed the 
Franchise Committee to proceed in so far as they may find that absence of such an 
assumption may preclude them from arriving at conclusion on assumption that separate 
communal electorates will continue to form a feature of the new Constitution. It is 
hoped, however, that it will be possible to offer answer to the questions asked in this 
paper without entering upon a discussion of the communal problem. 
POINTS FOR LOCAL GOVERNMENTS. 

(1) The Franchise Committee are anxious to save local Governments unnecessary 
labour as far as possible. A great deal of information which will be of great value m 
connexion with their enquiries must already be available in reports on the working of 
the present constitution prepared for the Statutory Commission or for other purposes. 
In dealing with the questions now raised it will suffice to refer to such re'ports or to 
send copies corrected up to date where such a course is found convenient. 

(2) The Franchise Committee desire, if possible during their visit to each pro- 
vincial headquarters, to spend a day or part off a' day in a conveniently situated village, 
where they would meet typical bodies of villagers and discuss with them questions 
arising out of this enquiry. The Committee would like to have an opportunity of 
talking to a group of existing voters, a group of; those! who would become entitled to a 
vote iif the franchise were extended in the manner considered possible by the local 
Government, and a group of those to whom the vote could not be granted within the 
limits of any practicable system of franchise. In the last case, the Committee would 
like to consider on the spot, the possibility of adopting some system of group repre- 
sentation. The Committee would be grateful it one or! two officers could be deputed to 
accompany them as interpreters, who are well acquainted with the village selected for 
a visit or with village life in general. 



INDIAN FRANCHISE COMMITTEE 191 

s, there existed depressed classes among the Hindus and the Sikhs, their 
total number being over thirteen lakhs in the census. Mr. Hansraj con- 
sidered the number incomplete. They both held that provision should be 
made for separate representation by treating the depressed classes as a 
separate community. 

Eight members held that it was impossible to say that there were de- 
pressed classes in the Punjab in the sense that any person by reason of his 
religion suffered any diminution of civic rights, and that it was undesirable 
that any attempt should be made to stereotype the division. 

With the exception of the labour and the depressed classes respresen- 
tatives, the Committee considered that there was no organised labour in the 
Punjab. The labour member was of opinion that labour should have special 
representation. Except the chairman, the Committee was generally against 
special representation of special interests. 

Except Pandit Nanakchand, the Committee agreed that the Europeans 
and the Indian Christians should be given special representation in their 
own electorates. 

APRIL 3, 1932 

PUNJAB GOVERNMENTS FRANCHISE PROPOSALS 

The Punjab Government's franchise proposals, submitted to the Lothian 
Committee, suggested that the present electorate should be doubled as the 
enfranchisement of ten per cnt of the population would make the electorate 
unwieldy, that women should have the vote on the same property qualifica- 
tion as men and that any further extension of women's suffrage should be 
left to the provincial council. 

The Government held that the question of the depressed classes was not 
a pressing one in the Punjab. 

Sir Jogindra Singh, Minister, suggested that the lowering of the fran- 
chise should be left to the legislature. 

APRIL 11, 1932 

ALL-INDIA WOMEN'S CONFERENCE 

Rajkumari-Amrit Kaur, with three other representatives of the All- 
India Women's Conference, giving evidence before the Indian Franchise 
Committee, insisted on Adult Franchise for men and women, ' or a scheme 
based on Adult Franchise '. 

Property or literacy qualifications, the witness maintained, would not 
benefit women, who did not possess them. She was not opposed to the 
" group " system provided, the groups were not separate for men and women 
and would accept no scheme of special representation for women and no 
communal distinctions. Provided all adult men were given votes, she would 
not care if few women were actually returned to the Council. If men 
thought adult franchise impracticable they might accept something less for 
themselves, but she would have nothing less than the whole thing for 
women. 

Lady Abdul Qadir, one of the delegation urged special arrangments for 
Purdah women in the polling booths, but no ballot through the post. 

APRIL 13, 1932. 

PUNJAB FRANCHISE COMMITTEE'S REVISED RECOMMENDATIONS 

The Punjab Franchise Committee in its revised recommendations, 
which was sent to the Lothian Committee at Simla, raised the figure 



192 THE INDIAN RECORDED 

of 10 per cent, of population to be enfranchised to 11.7 pet cent, and 
proposed a vote to every land-owner paying above Rs. 5 as land revenue and 
to every urban tenant paying Rs. 5 as rental per month and to the wives 
and widows of voters under the existing franchise. The Committee proposed 
to allot 3 seats to labour, 1 to trade unions and 2 to unorganised urban labour. 
Mrs. Chatterjee in a separate note urged for reservation of 5 per cent, of 
seats in the Provincial Council for women. 

MAY 1, 1932. 

The Franchise Committee's report was signed that afternoon, by all 
the members except Sir Ernest Bennett, who had to leave India a fortnight 
ago and who would presumably add his signature in London. There was one 
dissenting minute signed by three members. In addition, some other members 
inserted supplementary notes on certain special points. 

MAY 2, 1932. 

The majority of the members of the Indian Franchise Committee met 
again to draft a brief rejoinder to the dissenting minute put in by three 
members. 

MAY 10, 1932. 

LORD LOTHIAN'S PARTING MESSAGE 

Lord Lothian issued the following statement to the Press before leaving 
India : 

"Franchise is the foundation for democratic self-government, and I hope 
that our recommendations will be recognised by Indian opinion as laying a 
workable and progressive foundation for real self-government in India. I 
am inclined to think that many people of experience of public, life will be 
somewhat aghast at the magnitude of the practical task which we have 
set before the country. If, as I hope, the first elections under the new 
Constitution are held some time .next year, it will be necessary, before then, 
to put thousands of candidates in the field and for those candidates to 
educate and solicit the suffrage of tens of millions of electors who have 
never voted before. For those who are familiar with electioneering in 
England, U. S. A., France, Germany and other countries', the work which 
the leaders of public opinion still have to do to create or develop political 
parties capable of dealing with this huge electorate, is prodigious and the 
time in which to do it is short. And on its being properly done immense 
consequences hang, for under Responsible Government whoever wins a 
majority will form the Government. 

" The Parliament has approved in principle of a Constitution on the 
lines endorsed by the Round Table Conference, and let me add by the 
Indian National Congress. If only all classes in India, including those who 
are making sacrifices to-day for the sake of their own ideas of the road to 
self-government and Reforms, will throw themselves in the constructive 
work of electioneering and winning majorities in the legislatures and if 
communal fears and antagonism can be kept within bounds, I see no 
reason why India should not, within a short time, set going successfully a 
constitutional experiment on a vaster scale than has ever before been 
attempted in history." 



INDIAN Pfe'ANCHlB COMMITTEE * 

MAY 19, 1932. 

LORD LOTHIAN'S STATEMENT IN ENGLAND 

Lord Lothian, Chairman of the Indian Franchise Committee, reached 
England that day, having travelled from India by air. He referred in" a 
statement to the interest the various committees appointed after the 
Round Table Conference had aroused in India and paid tribute to the 
co-operation and friendliness displayed towards their members. 

He added: "The dominant feeling in India to-day is the desire that 
the Government and Parliament should come to a decision about the new 
constitution with the least possible delay. During the last four years 
committees have been touring India and conferences have been held in 
England on every aspect of the new constitution. What the people in India 
want to-day, British businessmen and civil servants no less than the Indians 
themselves, is to know where, they are. The sooner decisions can be taken, 
if possible agreed decision, the better will India be pleased and the sooner 
will the political conditions settle down." 

REPORT OF THE INDIAN FRANCHISE COMMITTEE 

The Report of the Indian Franchise Committee (also known as Lothian 
Committee) was published on June 3, 1932 both in England and in India. 
The report proper which is found in the first volume extends to 235 pages 
with notes by individual members and a Dissenting Minute signed by 
Messrs. S. B. Tambe, C. Y. Chintamani and Bakhale. The appendices con- 
taining the personnel of the various provincial franchise committees, 
questionnaire, and list of witnesses occupy 39 pages. 

SALIENT FEATURES OF THE REPORT 

To increase the electorate of British India from 7,000,000 to 36,000,000 
persons, that/is to say from 5.4 to 27.6 per cent, of the total adult population, 
is the essence of what the Franchise Committee propose in their Report, 
The main recommendations proposed by the Committee may be described 
as follows : 

Extension of Franchise 

Adult franchise has been ruled out for various reasons set out in the 
report while indirect and group election are not recommended. The general 
effect of the recommendations as regards the extension of franchise is as 
follows: In Bengal, 16 is the percentage, of proposed total electorate to the 
total population and 31.6 per cent, is the percentage o the proposed electo- 
rate to the adult population. The corresponding percentage in the other 
provinces is as follows: Bombay, 17.1 and 33.5; Madras 15.5 and 29; the 
United Provinces, 15.5 and 29.7; the Punjab/ 11.9 and 24.1; Bihar and Qrissa 
7.3 and 17.9; Central Provinces 12.5 and 23.4; North-West Frontier Province 
9.9 and 20.1, making a total of 14.1 and 27.6 respectively for the 'whole 
of India. 

Qualifications for Enfranchisement 

In addition to property qualifications, educational qualifications of the 
upper primary or a corresponding educational standard in the case of men 
and literacy in the case of women are prescribed. Wives of men who 
possess property qualifications are entitled to vote under the Committee's 
recommendations. The ratio of men voters to women voters is 4 to 1 in 
Madras, Bombay, Bengal, the United Provinces and Assam, 5 to 1 in 
the Punjab and the Central Provinces, and 9 to 1 in Bihar and Orissa. As* 

25 



194 THE INDIAN RECORDER. 

regards the representation of women in the legislatures, the Committee 
prefers the method of reserving seats in constituencies, urban and rural, 
and containing both men and women. 

Special Interest* 

As regards agricultural labour, the Committee finds that short of an 
extension of franchise to a degree which is regarded as impracticable at 
this stage, there is no means of enfranchising agricultural labour as such. 
As regards however organised labour the Committee's proposals are that 
8 seats should be reserved for them in Bombay and Bengal, 6 in Madras, 4 
in Orissa and Bihar and Assam, 3 in United Provinces and the Punjab and 
2 in the Central Provinces. 

In regard to the Depressed Classes the question of separate and joint 
electorate did not form part of the terms of reference, but the Committee 
has come to the conclusion that the village servant qualification should be 
adopted hi Madras, Bombay and the Central Provinces and that every effort 
should be made in all provinces to bring the Depressed Classes electorate 
up to the population ratio or as near as possible to 10 per cent, of the 
population strength. The existing representation for Commerce and 
Industries, Landholders and Universities is proposed to be retained. 

The Committee remarks that the representation of special interests 
should not be such as to seriously affect the balance of parties formed by 
representatives of territorial constituencies and so of the general masses 
of the people. These representatives are to be considered as experts avail- 
able to the legislatures and not to give any voting strength to individual 
interests. 

Constituencies 

As regards multi-membership and single membership constituencies the 
Committee says that as separate electorates are adopted for a number of 
communities the constituencies so classed must have single membership 
constituencies and if any system of reservation of seats in joint electorate 
is adopted it necessarily implies multi-membership constituencies. In 
multi-membership constituencies, however, the Committee recommends the 
use of the cumulative vote, that is every voter will have the right to use 
as many votes as there are candidates so that he can plump all votes in 
favour of one candidate. 
Second Chambers in the Provinces 

There is no definite recommendation in regard to the establishment of 
second chambers in the Provinces. 

Central Legislature 

In regard to the Central Legislature the Committee recommends that 
the franchise for the Federal Assembly should be the same as that now 
in force in Provincial Councils supplemented by an educational qualification 
both for men and women. 

QUALIFYING NOTES 

Sir Muhaiuad Yakub in the note appended objects to the creation of 
special qualifications in favour of women and thinks that the prescription 
of minimum educational qualifications and the recommendation that the 
wife should have the right to vote if the husband possesses vote are 
derogatory to the status of women. 

The Hon'ble Mr. E. Miller disagrees with the majority of his colleagues 
in the recommendation the Committee has made for the representation of 
labour in the Provincial Councils. 



INDIAN FRANCHISE COMMITTEE W 

Sirdar Bahadur Sir Sunder Singh Majithia says that the representation 
provided for landlords in the Provincial and Federal Legislatures is very 
inadequate. 

The Muslim Member* of the Committee have appended a note in which 
they state that the representation of special interests should not be allowed 
to affect the balance of power and that their agreement to the tentative 
allocation of seats is subject to the condition that these seats* will be taken 
into account while adjusting the communal balance. 

Major Milner does not find himself in complete agreement with the 
majority of his colleagues especially in regard to adult franchise in large 
towns and the prescription of wage-earning qualification. 

Mrs. Subbaroyan also thinks that adult franchise should be experi- 
mented upon in 1 large towns. She regrets that the number of women 
electorates has not been increased still further and objects to communal 
constituencies in regard to women. 

Dr. Ambedkar has appended a lengthy note on the Depressed Classes 
objecting to the classification of the Depressed Classes and the figures 
arrived at in respect of the population of these classes. 

MINUTE OF DISSENT 

The Minute of Dissent, which is signed by Messrs. Tambe, Chintamani 
and Bakhale, covers a wide ground and disagrees with the recommendations 
made by the Committee as a whole in regard to adult franchise, basis of 
franchise, certain features of the provincial franchise schemes, women's 
representation, depressed classes, minor minorities, special interests and 
federal legislature. 

There is also a brief rejoinder by the majority Committee to the 
Minute of Dissent. 

ANALYSIS OF THE REPORT 

The first volume, which embodies all the Committee's proposals, contains 
23 Chapters and a number of Appendices. Its length is 286^pages. It includes 
some explanatory or qualifying notes, one minute of dissent, and a rejoinder 
to the latter signed by the majority. Two other volumes, containing the 
memoranda prepared by local Governments and Provincial Franchise Com- 
mittees, are issued simultaneously. Additional volumes consisting of selec- 
tions from evidence supplied by witnesses are to be published later. The 
complete set will represent the result of three months* work. 

PROCEDURE FOLLOWED 

In the preface it is explained that the Committee was constituted under 
the Prime Minister's instructions as a result of the recommendations of the 
Franchise Sub-Committee of the Round Table Conference. The Parlia- 
mentary members arrived on 29th January and during their tour covered a 
distance of 7,689 miles and visited every province except the Central Pro- 
vinces and Assam. Representatives of these two provinces met them else- 
where. Before the Parliamentary members left England a questionnaire was 
circulated, and on this local Governments formulated their views before 
meeting the Committee; they also appointed Provincial Franchise Com- 
mittees, mostly under the chairmanship of non-officials, to formulate views 
independently and to undertake preliminary examination of witnesses. On 
leaving each province, the Franchise Committee invited the local Govern- 
ment and the Provincial Committee to give further consideration to 



196 THE INDIAN RECORDER. 

questions that had arisen during the discussions. The Franchise Com- 
mittee's report therefore represents far more than the work of their own 
members. Except in the case of one party they had the assistance of all 
shades of opinion in India and in the case of that party were assisted by 
the fact that its views were already on public record. Some estimate of 
the work done may be made from the fact that they examined 311 witnesses, 
and received directly 187 written statements; in addition the Provincial 
Committees examined 73 witnesses and received no less than 1,120 written 
statements for transmission to the Franchise Committee. Although most 
of the Committee's work was done in the provinces, they received assistance 
from Members of the Central Legislature while in Delhi and also from 
numerous all-India associations. The Government of India decided not to 
meet the Committee as a Government, since they would subsequently have 
to subject the Committee's report to critical examination; they however 
placed at the Committee's disposal the experience of their Secretariat, 
members of which gave evidence as witnesses. Since the Committee was 
debarred under its terms of reference from dealing with the communal 
problem they have not proposed detailed scheme for the composition of 
the legislatures or apportionment of seats, nor worked out representation 
for the minor minorities. The report nevertheless goes beyond the scope 
of the interim report which was originally contemplated, since it contains 
a complete scheme for the basis of the franchise proposals regarding the 
representation of women and labour, and a provisional allotment of seats 
for special interests. Once the communal question is settled the apportion- 
ment of seats and the delimitation of constituencies should not be difficult. 

ADULT FRANCHISE 

In the first Chapter, the implications of the Prime Minister's letter of 
instructions are analyzed. The second deals at length with the question of 
adult franchise. Among the arguments enumerated in its favour are that 
it secures equality of political rights to every adult citizen, that it solves 
so far at least as the electoral roll is concerned the problem of securing 
representation of all elements- of the population, and that its adoption would 
avoid the necessity for devising special franchises. But for a variety of 
reasons its introduction in, India to-day would be very difficult. First among 
the numerous administrative difficulties mentioned is the dearth of officials 
qualified to work it. Nothing could be more injurious to the healthy func- 
tioning of responsible government than well-grounded suspicion thait the 
elections were falsified by inefficiency, or corruption. The presiding officer 
must be competent to manage the officials, agents, candidates, voters, and 
police and of such standing as to be above suspicion of abusing his power. 
As regards non-officials, few would be forthcoming except in urban 
districts, and moreover objections would be liable to be raised against them 
for political, religious, caste or other reasons. Another difficulty is insuffi- 
ciency of police. Elections cause excitement and the provision of sufficient 
police becomes more essential in proportion as the number of electors per 
polling station increases. The total number of police is about 164 thousands 
and on this basis if each polling station could deal daily with 1,000 electors, 
the total number of votes recordable per day would not be more than 25 
millions. A further problem would be created by women. Everywhere the 
necessity of. making special arrangements for women voters was urged 
upon the Committee, and it would be quite impossible to provide the 
necessary female staff to poll the whole female population. More votes 
could be recorded if the polling period were lengthened, but as practically 
all official activities have to be stopped during election time, there .are 



INDIAN FRANCHISE COMMITTEE W 

obvious limits to this; moreover, the longer polling lasts, the more are 
attempts made to influence voters. There is also the complication that 
elections both for the Provincial Councils, and the Legislative Assembly have 
to be held on the same days; under complete adult franchise 130 million 
electors each entitled to cast votes for two different constituencies and 
candidates would have to be provided for at the same time. Finally, the 
Committee remarks that every one of the Provincial Governments and 
Provincial Committees not only declared adult franchise to be administra- 
tively impracticable but placed the maximum at some figure below 20 per 
cent, of the total population. 

OTHER DRAWBACKS 

Apart from the administrative difficulties there are others of a more 
general nature. Among these are the fact that the members involved are 
far larger than have ever been made the foundation for democratically 
governed State in history (the total population even of the United States 
is only 123 millions as against 257 millions for British India excluding 
Burma) and that only 8 per cent of the population of British India is 
literate. Although literacy is no test of wisdom, its absence necessarily 
restricts the individual's knowledge and makes it difficult for him to cast a 
discerning vote on questions outside his district. Illiteracy also greatly in- 
creases the burden on candidates and pcirties; and party organization in 
India is still rudimentary. Such organisations as exist have been pre- 
occupied with securing self-government rather than with the policies which 
should be followed afterwards. Party organisation grows only by degrees, 
and is expensive to form and run. In no country in the world 'has democracy 
ever functioned successfully without a well-developed party system and to 
manage an electorate of 7 millions such as, the present is very different from 
dealing with one of 130 millions which is what adult franchise would in- 
volve. The Committee took evidence regarding the modified form of adult 
franchise in use in Ceylon, but decided that since Ceylon contains only 6 
million people as against 257 million, since communal and other differences 
here are far more acute, since 50 per cent, of the Ceylon population is 
literate as compared with 8 per cent, of the Indian, and since there are 
proportionately more administrative officers in Ceylon, the experience 
obtained there is not applicable to India. They conclude that in view of the 
prodigious difficulties enumerated it would be the course of wisdom and 
statesmanship not to attempt to launch the new constitution on the basis 
of adult franchise, but to seek a more manageable basis, and it will be for 
the legislatures themselves to determine at what pace the electorate should 
be further expanded. 

ADULT SUFFRAGE 

In Chapter III, five possible modifications of adult franchise are 
considered. The first is adult suffrage by indirect voting. Under this system 
which is in operation in Egypt, Turkey, Iraq and Syria, the population 
would be organised in groups, and each primary group would elect from 
among its own number one or more secondary electors who would form 
the constituencies for returning members to the legislatures in the ordinary 
way. Among the objections to this are that it would involve the abolition 
oy the existing direct system, which would be resented; that the primary 
voters would be unable to judge whether the secondary electors carried out 
their wishes, and that the system would lend itself to jerrymandering. The 
second possible modification is adult suffrage within certain age limits. 
But apart from the administrative difficulty of determining, ages, even so 



1*8 THE INDIAN RECORDER. 

narrow an electorate as one limited to persons aged between 30 and 50 
would total over 76 millions. The third is adult franchise for large towns. 
The chief objection to this is that it would differentiate undesirably as 
between urban and rural interests. The fourth is household suffrage. But 
a system which allotted one vote to each household would enfranchise over 
50 million people of whom the great majority would be men; moreover, since 
the household is nowhere the unit for revenue purposes, its adoption as the 
the basis of franchise would be administratively very difficult. The fifth 
possibility is indirect election through local bodies; but this, like the other 
four is also rejected, largely because it did not prove successful when in 
operation between 1910 and 1920 during the period of the Morley-Minto 
Reforms. 

DIRECT AND INDIRECT SYSTEMS 

Chapter IV is devoted to considering the possibility of working the 
direct and indirect system together, in the way suggested by the Franchise 
Sub-Committee of the Round Table Conference. This would seem to 
combine the advantage of retaining the franchise system India has become 
used to with some of the advantages of adult franchise, since it would 
bring the whole population directly or indirectly into connection with the 
legislatures. But the Franchise Committee's enquiries showed it to be open 
to serious objections. Firstly, if the group consisted of 20 or 25 people, 
the most favoured size, no group elector could exercise more than one- 
twentieth or twenty-fifth of the voting power of the direct elector, and 
would besides have no control over the way the secondary elector cast his 
vote. Thus the representation obtained for such interests as women, 
labour and the depressed classes would be very small. Secondly, there 
would be administrative difficulty in working the system. If local officials 
took an active interest and the elections were kept informal, it might 
function; but should high feeling develop between rival candidates it would 
be likely to break down. Moreover, if the electoral 'roll for a general 
election in November or December were published in July, the group 
elections would have to take place during the previous cold weather; and 
to conduct them would involve much extra work several months ahead 
without placing many more names on the roll. Thirdly, the Committee state 
that generally speaking the system did not find favour either with officials 
or non-officials throughout the country, and that every local Government 
and provincial Committee is now against it. 
Widespread Interest in Politics 

Attention is next given to the argument that at the moment when res- 
ponsibility is being transferred to the legislatures, it would be unwise to 
extend the franchise at all. Among the points adduced by the Committee 
against this are that although the majority of villagers may still have little 
knowledge what elections are about, the interest now taken in politics in 
this country is nevertheless widespread; that the present franchise gives 
predominance to certain classes; that many literates are not on the rolls, 
that even if the interests of the new voters are different from the old they 
will not be markedly less capable of casting an intelligent vote; and that 
if responsible government in India is to be stable, the legislatures must be 
made more representative of the people. Since, therefore, the franchise 
requires to be extended, and since complete adult franchise is impracticable 
and the disadvantages of any indirect scheme greater than its advantages, 
the Committee concludes that an extension of the direct franchise is the 
best basis on which to establish responsible government under the new 
constitution. 



INDIAN FRANCHISE COMMITTEE 1& 

EXTENSION OF ELECTORATE 

The general principles underlying the Committee's proposals are set 
forth in Chapter VI. In ithe first place they state that since their task was 
so to widen the, electorate that no important section of the community lacks 
the means of expressing its needs, they have been more concerned to secure 
the best practicable distribution of voting power than to enfranchise any 
pre-conceived percentage of the population. The point is emphasised that 
provided each section is fairly represented in proportion to number, there 
is no reason why a restricted franchise should not express the vital interests 
of the majority of adults. For example, the heads of agricultural families 
may usually be said to speak not only for themselves* but for all members 
of their family residing with them ; women votersi act in some measure for 
their sex ; trade unions speak for industrial labour ; and the same is true of 
depressed class voters, representatives of landlords, commerce, and so on. 
The nature of the electoral qualifications proposed for the provincial legis- 
latures is next explained. There are two general qualifications and a 
number of special ones. The first general qualification is property, which 
the Committee state has from the outset been the main basis of franchise, 
is already well understood in India, and commands general approval. They 
propose to lower it so as to enrol most of the landholders, tenants, and 
urban, rent payers and a considerable section of the poorer classes. The 
second general qualification suggested is educational, which has the 
advantage of providing for an automatic extension of the franchise in the 
future. Different educational standards are fixed for men and women, and 
for the provincial and federal legislatures. As regards the special qualifica- 
tions, the first is for women. This is necessary since few women own 
property, and less women than men are literate. Under the Committee's 
scheme one-fifth of the electoral roll will consist of women, and means 
have also been suggested for ensuring that a certain number of them are 
returned to the legislatures. In the case of labour, the qualification has 
been lowered so as to enfranchise large numbers of the industrial employees 
in the towns, and provision has been made for their direct representation 
in the legislatures. The existing representation for commerce and industry, 
the universities, and the landholders is to be retained but not increased. 
As it is proposed to enlarge the legislatures to between two and three times 
their present size, the representation of those special interests will be pro- 
portionately less than at present. As regards the depressed classes the 
Committee explain that the question of their representation in the legisla- 
tures is outside the scope of Jtheir reference. But thev have furnished in- 
formation as to their numbers, and made proposals designed to secure them 
substantial representation on the electoral roll. The classes for which it 
is most difficult to provide are the tenants-at-will, the landless labourers, 
and the less prosperous rural craftsmen and artisans. But to some extent 
they will be represented under the special provisions made for labour and 
the depressed classes, and in addition number of them will be placed on the 
general roll in certain provinces. The Committee calculate that the effect 
of these recommendations will be to place 36 million persons on the pro- 
vincial electoral rolls and that the proportion of adult males enfranchised 
will be 43.4 and of adult females 10.5. The Committee however recognise 
that as some of the figures on which they have worked are estimates, there 
may at present be difficulty in appreciating their exact effect; and they 
point out that the Franchise Sub-Committee of the Round Table Conference 
emphasised the desirability of giving each community a voting strength 
proportionate to its numbers'. In order therefore that it may be seen 
whether the ratio of voters to population is discrepant in the case of any 



200 THE INDIAN RECORDER. 

one community, they recommend that the electoral roll should be prepared 
as soon as the new franchise has been approved. 

PROVINCIAL FRANCHISE 

The Chapter VIII, in which the provincial franchise schemes are ex- 
plained, is far the longest in the report. For many reasons the recom- 
mendations made vary from province to province. The wide local differences 
in the percentages of the population now enfranchised would in any case 
make it difficult to level up to a uniform proportion, in Bihar and Orissa 
and the Central Provinces the existing electorate is only about one per 
cent, of the total population, and an immediate increase to 10 per cent, 
would thus involve an eight or nine-fold increase, whereas in Provinces in 
which the electorate is between 3 and 4 per cent, an increase to 15 per 
cent, would be proportionately less extensive. Apart from; this', in so far 
as the property qualification is concerned, franchise schemes must necessarily 
vary in India. Provinces like Bombay, the Punjab, the United Provinces 
and the Central Provinces naturally base their franchise schemes on their 
revenue systems, which differ widely from one another. On the other hand 
in Bengal and Bihar, where owing to the Permanent Settlement no similar 
system is in force, some other basis must be found. The Committee there- 
fore considers, like the Southborough Committee, that uniformity of 
provincial franchise qualifications is neither practicable nor desirable. 

In dealing with each province the Committee first summarise the views 
of the local Government and the provincial Committee before setting forth 
their own proposals. The total electorate they suggest are generally higher 
than those proposed by local Governments and in some cases beyond what 
was stated to be administratively feasible. But they have given careful 
consideration to the staff available for electoral purposes, and emphasise 
that far fewer voters will poll than the total number on the register. In 
estimating the proportion of people whom their proposals will enfranchise 
in each province they calculate on the basis of total rather than adult 
population, although this, as is explained in another context, is somewhat 
misleading, since no country ever enfranchises more than about half its 
inhabitants. 

RECOMMENDATIONSPROVINCE BY PROVINCE 
Bombay 

In Bombay, the Committee recommend an electorate of 3,700,000, which 
is nearly 17 per cent, of the total population as against totals of about 13 
per cent, proposed both by the local Government and the provincial Com- 
mittee. About 20 per cent, of the electorate would be women. The 
Committee point out that the Government's scheme does little to /correct 
the existing disproportion between urban and rural electorates, but that 
since they themselves have added nearly 4 per cent, to the electorate by 
enfranchising more women and depressed classes, they see no means of 
rectifying the disparity. 
Madras 

In the case of Madras, the Committee recommend an electorate of 
7,400,000 or about 16 per cent, of the total population, of whom 1,700,000 
on about 20 per cent, would be women. The Madras Government's scheme, 
which provided for an electorate of 6,500,000, was worked out with great 
care and completeness, and the Committee has proposed only comparatively 
small changes in respect of the women, the depressed classes and educated 
men. The franchise for the provincial legislature will be practically identical 
with that now in force for local bodies under the recently amended Madras 
District Municipalities and Local Boards Acts. 



INDIAN FRANCHISE COMMITTED iOl 

Bengal 

As regards Bengal, the Committee indicate that they obtained relatively 
little assistance from the local Government. The provincial Committee 
originally favoured universal indirect adult suffrage, but the Franchise 
Committee are convinced that the discontent which would be caused by 
withdrawing the direct franchise from those \vho now enjoy it was under- 
estimated. Nor do they agree that the direct should be) supplemented by 
the indirect system as the Bengal Government propose, if the franchise is 
extended to more than 7J per cent, of the tottal population. They see no 
administrative necessity for restricting the franchise to 7% per cent., but 
are handicapped by the Bengal Government having provided no scheme even 
for the restricted franchise they proposed. The Committee therefore re- 
commend that the Bengal Government, with the help of their report and 
in those of other local Governments, should prepare a detailed scheme based 
on the payment of rates and taxes to local bodies wi'th the addition of the 
upper primary educational qualification for men, and the same provision 
for women's suffrage as has been proposed elsewhere. 

United Provinces 

Iii the United Provinces, which the Committee visited twice, the pro- 
vincial Committee recommended an electorate of 7,200,000 and the local 
Government one of 7,600,000. The Franchise Committee accepts the local 
Government's scheme, which was based on detailed enquiries in 1,800 typical 
villages, but would add the upper primary qualification for men. The total, 
however, need not be increased on this account, since allowance must be 
made for over-lapping in the women's qualifications under the local 
Government's scheme. The electorate proposed would represent nearly 16 
per cent, of the total population, and the women's vote would be 1,600,000. 

Punjab 

In the Punjab, the Committee propose an electorate of 2,800,000 or 
about 12 per cent, of the total population, as against 2,300,000 ' and 2,700,000 
recommended by the local Government and the provincial Committee res- 
pectively. 450,000 of the voters would be women. The difference between 
the Franchise Committee's proposals and those of the local Government is 
due to the former having included more women, depressed classes*, and 
educated men. They point out however that a serious defect in the Govern- 
ment's scheme is that only about 25 per cent, of the -electorate will consist 
of members of the non-agricultural tribes, who form about half the popula- 
tion of the province, and they suggest that the Government should give 
further consideration to this point. 

Bihar and Orissa 

In Bihar and Orissa, the local Government recommended an electorate 
of 2,900,000 and the provincial Committee one of 1,750,000, The former 
would represent about 8 and the latter about 5 per cent, of the total 
population. The Franchise Committee recognise that special difficulties 
exist in the province owing to the lack of revenue staff and the fact that 
the present electorate is only about 1 per cent, of the total population, but 
they do not think an electorate of over 3,000,000 would be administratively 
unmanageable. They propose payment of chaulpdari tax at the minimum 
rate of six annas a year, or a corresponding rate of municipal tax in urban 
areas as the general basis of the franchise, and suggest special provision for 
women and depressed classes. The total electorate would then number 
about 3,500,000, or about 10 per cent, of the total population. 350,000 of the 
electors would be women. 

26 



202 THE -INDIAN RECORDER. 

Centra) Province* 

In the Central Provinces electorates of 1,500,000 and 1,750,000, repre- 
senting 10 and a little over 11 per cent, of the population, were proposed 
respectively by the local Government and the provincial Committee. The 
Franchise Committee is prepared to accept the Government's scheme, pro- 
vided it produces an electorate of not less than 1,500,000, and subject to 
certain special arrangements in respect of the depressed classes and women. 
It is recognised that since! the existing electorate is only a little over 1 per 
cent., this province like Bihar has special difficulties. 

Assam 

In Assam, the local Government was against expanding the electorate 
beyond 10 per cent, of the total population, which is treble the existing 
number. The provincial Commititee wished to enfranchise 15 per cent, by 
reducing the qualifying payments of land revenue or c/iaufr'dfari tax, but 
did not indicate precisely what reductions would be required. In view of 
the sparsity of population and defective communications in Assam the Fran- 
chise Committee accepts the Government's scheme provided more women are 
enfranchised and also men who have passed certain educational standards. 
The resulting electorate is estimated at slightly over 1,000,000, or about 13 
per cent, of the total population. About 200,000 of the electors would be 
women. 

Frontier Province 

As regards the Frontier Province, which before April last had no legis- 
lative body, the Franchise Committee make no linal recommendations. The 
existing franchise enrols about 4 per cent, of the total population and 12 
of (the urban. The local Government desired no further increase in urban 
enfranchisement, but considered that 10 per cent, of the rural population 
should be enfranchised. No special arrangements for labour or the depressed 
classes would be necessary. As regards 1 women's suffrage, both the Chief 
Commissioner and the local Committee indicated that public opinion would 
render it at present extremely difficult. The Franchise Committee suggest 
that Parliament should decide, in the light of future discussions in the local 
Council, whether the province requires special treatment in this 1 matter. 

WOMEN'S REPRESENTATION 

From this the Committee proceed, in Chapter VIII, to consider the 
question of women's representation as a whole. The ratio of women to 
men at present enfranchised ranges from 1 to 10 in Madras, to 1 to 114 in 
Assam, and both the Prime Minister and the Franchise Sub-Committee of 
of the Round Table Conference urged a reduction in the disparity between 
the voting strength of the sexes'. Most representatives of women's organi- 
sations desired equality with men on the basis of direct or indirect adult 
franchise. But as neither of these systems is found practicable, the Com- 
mittee, like the Franchise Sub-Committee, advocate special qualifications for 
women, since under a restricted franchise, unless the number of men voters 
is reduced in order to increase the number of women voters, theoretical 
equality must in practice mean extreme inequality. They consider that the 
reluctance of women to vote under the existing franchise is due partly to 
their being a small and) conspicuous minority, and that it is essential to place 
enough women on the roll to compel candidates to consider their interests- 
Thus while providing legal equality for men and women under .the ordinary 
property and educational qualifications, the Committee propose additional 
qualifications, for women calculated to give them about one-fifth of the total 
voting strength, the proportions varying from one-fourth in Madras to one- 



INDIAN FRANCHISE COMMITTEE 203 

ninth in Bihar. These qualifications would be firstly bare literacy, and 
secondly being the wife of a man entitled by property under the existing 
franchise to vote for the provincial Councils. A special extension of the 
latter qualification is suggested in the Central Provinces, owing to the 
smallness of the present electorate. The Committee recognise the disadvan- 
tages in conferring the franchise on the basis of the husband's property 
qualifications, but such women as object to it would probably get the vote 
by literacy. As regards women's representation in the legislatures, four 
methods of ensuring this were suggested. The first, that women should be 
co-opted by the newly elected Councils by the single transferable vote. The 
second, to elect to the reserved seats by a special electorate of educated 
women. The third, that those women who secured the largest number of 
votes in a general election without actually being elected should be given 
such reserved seats as were vacant. And the fourth, that seats should be 
set apart for women in selected areas, in which the electors would have 
two votes, one in the general constituency, and the other for a woman 
candidate. The Committee favour the last method. They do not recom- 
mend precisely how many seats should be reserved, since this depends upon 
the settlement of flie communal question ; but they urge that the proportion 
of seats reserved during the first ten years should be between 2 and 5 per 
cent, of the total. As regards special polling arrangements for women, the 
Committee set forth the various methods suggested to them, and urge the 
provision in most places of at least a separate entrance to the polling booth 
and a woman assistant. 

REPRESENTATION 1 OF LABOUR 

Chapter IX deals with the representation of labour, agricultural and 
industrial. The former is defined as consisting of landless labourers or farm 
servants entirely dependent on theii? employers. Apart from adult franchise, 
there are four possible ways of enfranchising them, namely, by the group 
system, household suffrage, a house-rent qualification, and a wage-earner's 
franchise. For the reasons given in Chapter III the first two are rejected, 
as also is a house-rent qualification, owing to the difficulty of assessing 
values in rural areas. A wage-earner's franchise is considered impractic- 
able because income cannot be ascertained where employers keep no books, 
because of the migratory habits of agricultural labourers, and because 1 their 
wages are often paid not in cash but in kind and thus vary in value from 
year to year. The Committee therefore can suggest no means of providing 
special representation for agricultural labour. Industrial labour at present 
has nine reserved seats in the provincial Councils. The number of persons 
employed in organised industries is estimated at 5,000,000. The Committee 
state that although numerous urban workers will be enfranchised under 
their other proposals, they will probably nevertheless be unable to return 
their own representatives. For this reason, and also because the seats re- 
served for commerce will be occupied by employers, they recommend special 
representation for industrial labour, and suggest securing this either by 
elections through registered trade unions or through special labour consti- 
tuencies. A total of 38 labour seats is proposed, of which 8 each would go 
to Bengal and Bombay, 6 to Madras, 4 each to Bihar and Assam, 3 each to 
the United Provinces and the Punjab, and 2 to the Central Provinces. 

DEPRESSED CLASSES 

In the next Chapter, which deals with the depressed classes, it is explain- 
ed that after endeavouring to ascertain who the depressed classes are, the 
Committee's task was to* indicate whether they would be adequately enfran- 
chised under the qualifications proposed, and, if not, whether they should 



204 THE INDIAN RECORDER. 

have special representation. The Committee agreed to define the depressed 
classes as those who are untouchable, i.e.. who cause pollution by touch 
or approach or denied access to temples. They examined the figures result- 
ing in each province from investigations made by five previous authorities, 
namely Sir Henry Sharp, 1917, the Southborough Committee. 1919, the 
Census Commissioner, 1921, the Simon Commission, 1930, and the Census 
Commissioner, 1931, and also had at their disposal fresh figures prepared by 
local Governments and Provincial Franchise Committees. Sifcce the mean 
total for the whole country resulting from all these calculations is 35,000,000, 
the depressed classes indisputably consitute a substantial portion of the 
population. Neverthless many of the provincial estimates differ greatly. 
By far the widest difference is in the United Provinces where the Census 
.Commissioner in 1931 estimated the depressed class population at 12,600,000, 
and the Provincial Franchise Committee this year gave them a strength 
of 581,000 only. But in Madras, Bombay, the Central Provinces, Bihar and 
Orissa, and Assam the Committee is evidently satisfied that the numbers of 
the depressed classes are correctly computed at about 7,100,000, 1,700,000, 
2,900,000, 4,300,000 and 650,000 respectively. As regards enfranchisement, 
the Committee say that until the new electoral roll is prepared it will be 
impossible to calculate the voting strength of the depressed classes, but since 
most of them will not have the requisite? property or educational qualification 
they will certainly not be enrolled in proportion to their population. Since it 
is essential that under responsible government these people should be able 
to express their opinions in the Councils, the Committee recommend a levell- 
ing up of the depressed class vote by some form of differential franchise. 
They suggest six possible methods. The first is to enfranchise depressed 
class village servants. The second, to enfranchise on bare literacy. The 
third, to grant a vote to each depressed! class household. ^The fourth, to 
grant two votes to each, depressed class voter, one in a special constituency 
and the other in a general. The fifth, to enfranchise wives of depressed 
class voters, and the sixth, to reduce the property qualification in respect of 
the depressed classes. Since conditions vary greatly the Committee would 
let local Governments decide which methods they adopt, but suggest that 
the village servant qualification should be introduced at any rate in Madras, 
Bombay and the Central Provinces, and that extensive use might be made of 
the bare literacy qualification. They urge that in any case the voting 
strength of the community should be raised in all but one province to appro- 
ximately 10 per cent, of its population. 

MINOR MINORITIES 

The next six Chapters, which are shorter, deal with minor minorities 
- and special interests, aboriginal and hill tribes, the military service quali- 
fication, the size of the provincial legislatures, multi-member and single- 
member constituencies, Second Chambers in the provinces, and the minor 
administrations, namely Delhi, Coorg, and Ajmer-Merwara. Among the 
recommendations contained in them are that the existing representation for 
special interests, namely, commerce, landlords, and the Universities, should 
be retained but not extended; that representation of some kind should be 
devised for the aboriginal tribes; that no alteration should be made in the 
present military service qualification; and that, in view of the substantial 
enlargement proposed in the size of the electorate, and of the consequent 
difficulty of managing the existing constituencies, the seats in the provincial 
legislatures should generally be increased to between two and three times 
their present number. Although no recommendations are made regarding 
multi-member and single-member constituencies, the Chapter in which their 



INDIAN FRANCHISE COMMITTEE 205 

respective merits are discussed is of interest owing to its bearing on the 
communal problem. 

FEDERAL LEGISLATURE 

In the last four Chapters proposals are made regarding the federal 
legislature. Here, as the Committee point out, they are confronted with a 
problem unexampled in history. The federal legislature will be charged 
with the affairs of 338,000,000 people, a number more than three times larger 
than has ever before been brought within a single democratically-governed 
State. Moreover many of the seats will be filled by representatives of the 
Indian States, where the system of government applied in the provinces is 
not in operation. As regards the Senate, the Federal Structure Committee 
of the Round Table Conference recommended that the British Indian mem- 
bers should be elected to it from the provincial legislatures by the single 
transferable vote, on the principle, that the upper house represents the units 
of the Federation and the lower house the nation 1 as a whole. The Franchise 
Committee agree with this proposal. Greater difficulty arises in the case of 
the Federal Assembly. The Committee emphasise that if a legislature is to 
be efficient there is a limit to its size. They consider 600 members the theo- 
retical maximum. On this basis, if adult franchise were subsequently intro- 
duced, the average British Indian consituency would extend over about 1,700 
square miles and contain about 250,000 electors. In the Montagu-Chelms- 
ford Report and the Simon Report this was adduced as a reason for advocat- 
ing indirect election to the federal legislature. The Franchise Committee, 
however, are against such a course. They point out that since they do not 
propose adult franchise even for the provinces, the problem of dealing with 
such vast numbers will not arise for some time; that the difficulties will 
become less as education and transport improve, and that Indian public 
opinion is definitely opposed to the indirect method, They therefore recom- 
mend direct election to the Federal Assembly as well as the provincial 
Councils and would leave, it to time to overcome subsequent difficulties. As 
regards the size of the Assembly, they consider the total of 200 seats for 
British India recommended by the Federal Structure Committee insufficient, 
and propose 300. This would reduce the area of the constituencies by one- 
third. The present electorate for the Assembly is 1,140,000 persons, which 
the Committee consider much too small. But the possibility of having the 
same franchise for the Assembly as for the provincial councils, although 
it would confer wide representation and involve the preparation of only one 
roll, is rejected for three reasons. First, that the number of electors per 
member, even if separate electorates were abolished and 300 instead of 
200, seats were allotted to British India in the Assembly, would, under 
existing conditions, be quite unmanageable, since in Bengal and Madras, for 
example, they would amount to 167,000 and 156,000 respectively. Secondly, 
that since the provincial electorate has been extended to, the limit of admi- 
nistrative practicability, the machinery might break down if all electors 
could cast votes for the Assembly as well as the Councils on the same day. 
And thirdly, that the Assembly electorate will be concerned with problems 
beyond the village voter's knowledge, and that it would be unwise suddenly 
to expand the electorates from 1,000,000 to- 36,000,000 when most of the latter 
number will consist of illiterate persons, all but 7,100,000 of whom have 
hitherto been unenfranchised. The Committee therefore propose the same 
franchise for the Federal Assembly as that now in force for the provincial 
councils, supplemented by certain differential educational qualifications for 
men, women, and members of the depressed classes calculated to raise the 
total from 7,100,000 to 1 8,500,000. In the absence of a communal settlement 
the Committtee could not make final recommendations for representation 



206 THE INDIAN RECORDER 

\ 

of special interests, but they suggest that .each provincial Council shoiild 
elect one woman member for the Assembly, that 8 seats should be reserved 
for labour, and the same number for commerce and landlords as at present. 
They consider that representatives of European commerce should all sit in 
the lower house. 

POINTS LEFT OVER FOR DECISION 

The following list of points, it is stated, was prepared in the Secretariat 
after the Committee had dispersed: 

The Prime Minister's letter of instructions (Appendix I) contemplated 
that the Franchise Committee should, in addition to the matters covered by 
its present report, submit "complete and detailed proposals for the arrange- 
ment of constituencies for the new legislatures, Central and Provincial," and 
expressed the hope that the Committee would "be in a position in due 
course so to present a complete and detailed scheme for the composition of 
each of the provincial legislatures and the Federal Legislature." The ques- 
tion whether the provincial legislatures of the future should be unicameral 
or bicameral is one which will clearly have to be considered before final 
recommendations can be made about the size andj composition of those legis- 
latures; while the representation, if any, to be provided in the legislatures 
for the peoples of the excluded areas will also require consideration. A 
further important question for consideration is the qualification and dis- 
qualifications of candidates for the legislatures. 

Apart from the major questions referred to above on which the Com- 
mittee's Report contains either no recommendations or recommendations of 
a provisional character there are a number of points of varying importance 
arising out of, or included in, its recommendations on which no final pro- 
posals are or can be, made at this stage and which will require further con- 
sideration, for the most part, either after the decision of the communal 
question or at the stage of the delimitation of constituencies. A list of these 
questions is appended. 

(1) In Light of Communal Decision 

1. Minor Minorities. Number of seats to be allotted in the provincial 
legislatures (para 323). 

2. Special Interests. The proposals of the Committee for the number 
of seats to be allotted to special interests in the provincial legislatures are 
subject to the reservation that some revision may be necessary in light of 
the communal decision (para 318). 

3. Size of Provincial Legislatures. The recommendations of the Com- 
mittee can only be made precise' once the communal decision has been reach- 
ed (para 360). 

4. Method of election of the Federal Upper House. The communal 
issue may have to be taken into account in deciding 1 whether the Seriate 
should be elected as* a whole, immediately after each general election, or 
by one-third or one-half at a time say every three years. 

The Committee in these circumstances have made no final recommen- 
dation on the point (paragraph 401). 

5. Representation of special interests in the Federal Assembly. The 
number of seats suggested by the Committee is subject to the reservation 
that some revision may be necessary after a decision on the communal 
question has been reached (paragraph" 41 7). 

(2) On Delimitation of Constituencies 

THE PROVINCES 

1, Women. The Committee are unable in their Report to make final 
suggestions regarding the formation ot women's constituencies, but these 



INDIAN FRANCHISE COMMITTEE 207 

should be determined when the territorial constituencies are being delimited 
(paragraph 220). 

2. Labour. The allocation of the seats proposed for labour in the pro- 
vincial legislatures as between trade union and special labour constituencies 
will have to be determined in connection with the general delimitation of 
constituencies (paragraph 253) I see also paragraphs 257 (Madras) ; 259 
(Bombay) } 262> (Bengal) ; 264 (United Provinces) ; 266 (Punjab) ; 270 (Bihar 
and Orissa) ; and 272 (Central Provinces) J. 

3. Rural and urban representation. The question ol the relative repre- 
sentation of town and country in the legislatures* should be examined when 
constituencies are delimited. The matter is of special importance in Madras, 
Bombay and possibly in Bengal (paragraph 87). 

4. Special Interests in Provincial legislatures, 

Commerce; Landlords. The question of the rearrangement or redistri- 
bution of the commercial and landlord constituencies of which the retention 
is recommended should be further examined at the stage of the delimitation 
of constituencies (paragraphs 232 and 333). 

Universities. Some provinces have recommended the amalgamation of 
university seats, and this question should be further considered at the stage 
of the delimitation of constituencies (paragraph 336). 

5. Aboriginal Tribes. The problem of their representation should be 
further examined by the local Governments concerned, and brought up for 
consideration when the time comes for the delimitation of constituencies 
(paragraph 343). 

6. Minor Local Administrations (Delhi, Coorg, Ajmer-Merwara). 
The tranchise problem in relation to these provinces should be reconsidered 
at a later stage during the delimitation of constituencies, after they have 
been further considered by the local administrations in the light of the 
Franchise Committee's report (paragraph 395). 

FEDERAL LEGISLATURES 
Labour Representation of Special Interests. 

(i) In the case of plantation labour and of the jute industry, where 
Trade Unions do not at present exist, or are too weak to serve 
as a basis of representation, the method by which labour is to be 
represented should be further considered at the time of the deli- 
mitation of constituencies (paragraph 423). 

(ii) The method by which the labour representatives should be elected 
will have to be considered in detail at a later stage when the 
constituencies are being delimited. Ill has been suggested that the 
following interests derive special consideration : J ute ; transport, 
(including railways), textiles, seamen, planting, mining. The 
Committee further suggest that one seat should be filled through 
the All-India Trade Union Federation to represent general labour 
interests falling outside the categories mentioned (paragraph 
424). 

Landlords. The detailed arrangements for the constitution of the land- 
lords constituencies should be further examined at the stage when the con- 
stituencies are being delimited (paragraph 426). 

8. Minor Local Administrations. The advisability of allotting a second 
seat to Delhi in the Federal Assembly might be further considered when the 
general distribution of seats for the federal legislature is under consideration 
(paragraph 427). 



206 THE INDIAN '# ECORDB it 

(3) MUcellaneoiw 

THE PROVINCES 

1. As soon as the basis of the new franchise has been approved, instruc- 
tions should be issued for the immediate preparation of an electoral roll on 
the qualifications finally accepted. 

2. Bengal Provincial Franchise. 

(a) The local Government should consider whether the adoption as a" 
basis for the franchise of a literacy qualification will result in 
bringing on the electoral roll an unduly large number of women, 
especially in non-Muslim constituencies (para. 156). 

(b) The local Government's proposals for grouping urban areas in 
Bengal into constituencies should form the subject of considera- 
tion at a later stage of the investigation (para. 137). 

3. Punjab Provincial Franchise. The local Government should re- 
examine the question of the representation of the non-agricultural tribes, 
and its effect on their general franchise scheme. 

4. Central Provinces Franchise. The local Government should further 
examine the rent and revenue qualifications for different parts of the pro- 
vince which will produce the electorate recommended by us (para. 192). 

5. Depressed Classes. Consideration should be given to the lists of 
depressed classes in the United Provinces, the Punjab, and Bihar and Orissa, 
so as to arrive at a definite list as soon as possible (para. 299). Local Gov- 
ernments should, when necessary,, examine the alternative schemes discussed 
in paras. 308-314 for the enfranchisement of depressed classes up to 10 per 
cent, of their population strength. 

6. Commercial seats in provincial legislatures. The proposal that the 
name of the firms, which are members of the Chambers of Commerce which 
elect to the commercial constituencies, should appear on the electoral roll, 
and that they should be empowered to depute some one to act on their behalf 
in an electoral capacity, should be considered by those provinces in which 
this is not already the practice when the delimitation of constituencies is 
undertaken (para 325). 

FEDERAL LEGISLATURE 

7. The Senate. The question whether anv action should be taken about 
these sections of the provincial legislature which will not be able to secure 
the quota of council members necessary to elect a senator will require con- 
sideration (para 399). 

The Assembly. The Federal Assembly will contain representatives of 
the States as well as of British India, and the Committee suggest that pro- 
vision be made in the constitution for a reconsideration of the franchise for 
British India after a definite period (para. 412). 

Representation of Commerce in the Assembly. The possibility of amal- 
gamating European and Indian Commerce in joint electorates with reservation 
of seats should be borne in mind, and if hereafter European and Indian Com- 
mercial Institutions can agree to combine for the purpose of common re- 
presentation in the legislature, effect should be given to this arrangement 
(para 421). 

Represenation of Labour in the Assembly. It has been pointed out that 
the allocation basis may create difficulties in connection with the provincial 
quotas in the federal legislature, and this matter will also require consi- 
deration (para. 425). 



FEDERAL FINANCE COMMITTEE REPORT 

RECOMMENDATIONS OF THE COMMITTEE 

THE report of the Federal Finance Committee of the Round Table 
Conference was released for publication on May 7, 1932. 

PERSONNEL AND TERMS OF REFERENCE 

The Committee was appointed to estimate the probable financial posi- 
tion of the Federal and Provincial Governments of India and to subject to 
the test of figures the classification of revenues, as suggested by the Sub- 
committee of the Federal Structure Committee under the chairmanship of 
Lord Peel. 

The terms of reference to the Committee included enquiry into pre- 
lederation debt, powers of taxation, new sources of revenue, provincial 
contributions, if such contributions be found necessary, emergency powers 
of the Federal Government, borrowing powers and the division of pension 
charges. The Committee was entrusted with the duty of advising as to the 
financial adjustments, if any, which should be equitably made between the 
Federal Government and the Provinces. 

The Committee was composed of Lord Eustace Percy, Chairman, Sir 
L. J. Kershaw, Sir A. Hydari, Col. K. N. Haksar, Messrs. F. P. Robinson 
and V. S. Sundaram, Members and Messrs. K. Sanjiva Row and K. Anderson, 
Secretaries. 

PROCEDURE FOLLOWED 

The Committee assembled in New Delhi in February, 1932 and held 
45 meetings to study the materials supplied in the form' of memoranda pre- 
pared in the Department of the Government of India and by the provincial 
governments and to consult with responsible Government officials. In view 
of the time at their disposal the Committee could not receive formal 
evidences from non-official sources on the various economic and constitu- 
tional problems in connection wiith any enquiry on public finance. 

MAIN RECOMMENDATIONS 

The Report covers 53 pages including* Appendices. Important points in 
the Report are given below : 
Federal and Provincial Forecasts 

The Committee has made a forecast of the future financial position of 
the Federal and Provincial Governments and by a contrast of the two shows 
that the Federal Government wiill have a surplus while the Provincial 
Governments will have deficits. 

The total value of the identifiable assets to be taken over by the 
Federal Government amounts to Rs. 10,48,13.21 lakhs, while the total pre~ 
federation liabilities would amount to Rs. 11,82,67.17 lakhs from the debt 
position of the Government of India. 

The Committee is of opinion that if the Federal Government assumed 
responsibility for the whole of the.pre-federation debt, its obligations would 
be covered by the assets also taken over. 

Distribution of Income-tax 

Coming to the question of distribution of Income-tax, the Committee 
is of opinion that personal super-tax should be credited to the, province in 
which the assessment is made. 

27 



216 THE INDIAN RECORDER. 

Meston Award 

Referring to the Meston settlement the Committee state that even 
if they could revise their " standard " scale by re-valuing the factors which 
they took into consideration and bringing into account the addition to pro- 
vincial revenues derived from income-tax, the application of such ^ a scale 
would leave some provinces in deficit or with too small a margin of increas- 
ed value. In the circumstances the Committee have been driven to the 
expedient of assessing the contributions primarily^ with reference ^to the 
additional sources of the Provincial Governments in other words, in pro- 
portion to their shares of income-tax. 
Claims of Bengal and Assam 

Regarding the claim, frequently put forward, of Bengal to a share, in 
some form, of the proceeds from taxation 1 on the export of jute and Assam's 
claim Ito a share in the income from excise duty on kerosene and motor 
spirit produced wdthin its borders, the Committee hold that these or any 
similar proposals raise highly controversial questions of principle but, as, in 
ajny case they could only result in delaying pro ianto the remission of pro- 
vincial contributions, fthe Committee have not felt able to take them into 
account for the purposes of their scheme. 
Powers of Borrowing 

Regarding the powers of borrowing, the Committee hold that the 
Government of every Federal unit should have the right of independent 
borrowing subject to a general obligation to give the Federal Government 
notice of its intention and an opportunity to offer advice. 

RfcPORT OF FEDERAL FINANCE COMMITTEE 

Important extracts from the Report now follow: 

FEDERAL AND PROVINCIAL FORECASTS 

In their Report the Federal Finance Committee write: 
(i) Basis of the Forecasts 

Our duty is two-fold: first, to estimate the probable financial position 
of the Federal Government and the Provinces of British India in the early 
years of the Federation, and to suggest adjustments between them; and 
secondly, to advise on certain aspects of federal finance, mainly on matters 
affecting the future relationship between the Federal Government and the 
constituent Units. 

In carrying out our first and main function we have been faced, not only 
with the inherent difficulties of estimating revenue and expenditure for 
some years ahead but also with the special difficulty that, owing partly 
to the world economic crisis and partly to certain internal difficulties 
all Indian budgets, central and provincial, have been thrown completely out 
of gear. The yield of the main heads of revenue has been substantially 
reduced ; emergency taxation has been imposed ; cuts in pay have been made 
for a limited period only; while, under many heads of expenditure, severe 
retrenchments, some temporary and others permanent, have been effected. 

In these circumstances, the actuals of the past two years and the budget 
estimate of 1932-33 afford no reliable guide in forecasting the future position, 
and it is necessary not only to allow for emergency taxation and retrench- 
ment but also to make certain assumptions in regard to the general economic 
situation. Broadly, we assume that the present depression will come to 
an end and that there will follow a period of reviving trade accompanied 
by a gradual increase of prices which if they do not reach the pre-slump 



FEDERAL FINANCE COMMITTEE REPORT. 211 

level, will rise appreciably higher than the level now prevailing. We have 
tried, in short, to estimate revenue and expenditure in the early years of the 
Federation under more or less normal conditions; and although our dis- 
cussions with official representatives of the various Governments have to 
some extent centred upon the year 1935-1936, we desire to make it clear 
that we are not in any way attempting to frame a budget for that year or 
venturing any suggestion, as to the actual date of federation. Moreover, 
although we have presented our forecasts in the form of a review of the 
position in a single year, we have not lost sight of the fact that it is not a 
single year, but a series of years, that is in question. We have accordingly 
made suitable allowances in our general conclusions for any variable factors 
or tendencies which appear to us to be of importance. 

Whatever the actual date of federation may be, we assume that, as the 
forecast has been prepared at a time when conditions are exceptional, the 
data on which our proposals are based will be reviewed immediately before 
the establishment of the Federation in the light of the information then 
available; and our conclusions should be held to be subject to the result 
of such a review. 

(ii) The Federal Forecasts 

Our first step has been to prepare a forecast of the revenue and ex- 
penditure of the Federal Government. For this purpose we have been 
fuinished by the Government of India with the fullest materials bearing 
on all heads of revenue and expenditure, but we alone have been responsible 
for bringing them together in a combined forecast. The forecast which we 
give below must not, therefore, be taken as necessarily representing the 
views of the Government of India. 

While we have scrutinised each head of revenue and expenditure in 
detail, we recognise that, .taking each head by itself, the possible margin 
of error is very wide. 

It has also to be remembered that our revenue forecast throughout has, 
generally speaking, been based on the rates of taxation imposed by the 
First Finance Act of 1931 ; that is to say, we have not taken into account 
the special surcharges on customs, income-tax and salt at present in force. 

In the following Table we have, for convenience, given net figures as 
far as possible on either side 1 of the budget, and items relating to the Chief 
Commissioners* Provinces and Centrally Administered Areas have been 
grouped so far as the complications arising from their connection with the 
Central Government permit. We have assumed that Burma will be separated 
from India and have estimated the results of this change on such materials 
as are available, but, apart from this and the transfer to the Provinces of 
expenditure on their own accounts and audit, we have not allowed for the 
effects of future constitutional changes. Thus income-tax revenue is in- 
cluded in full and also the State contributions, and no provision is made for 
any additional expenditure directly due to the establishment of a federal 
system. 

Revenue (Rs. Lakhs ) Expenditure (Rs. Lakhs ) 

Customs .... 51,20 Debt Services: 

Collection .... 90 , Interest (Net) .. 11,25 

Net ... 50.30 50.30 Sinking Fund .. 6,50 

Salt ~. 6,70 Posts and Telegraphs (Net) .... Nil. 

Expenditure ..... 1,15 Military Budget (Net) _ 47,00 

Net 5,55 5,55 Frontier Watch and Ward ,, 1,70 



12 THE INDIAN RECORDER. 

Revenue (Rs. Lakhs) Expenditure (Rs, Lakhs) 
Opium - 78 Civil Administration including 
Manufacture . .. 73 Territorial and Political Pen- 
Net .. 05 05 sions but excluding other pen- 
Railways (Net) , . 5.00 sions and cost of collecting 
Currency and Mint (Net) . .. 3.80 revenue, and allowing 60 for 

proyincialisation of accounts and 

Miscellaneous : audit . 6,85 

Ordinary . . 1,66 Pensions . 2,65 

Reparations ... 30 N. W. F. P. Subvention - . 1,00 

Total .. 1,% 1,96 Civil Works .. 1,60 

State Contributions .. . 74 74 Chief Commissioners' Provin- 

Tncome-taxes 18,00 ces (& Central Areas.) . 2,86 

Collection .... 80 Revenue . 1,31 

Net 17.20 17.20 Net ... 1,55 1,55 



Total Revenue . 84,60 Total Expenditure . . 80,10 

SURPLUS: 4,50. 
(iii) Provincial Forecasts 

Our next task has been to attempt to forecast the financial position of 
the Provincial Governments on a similar basis. Here we have had before 
us actual forests of provincial budgets for the years 1933-34 to 1937-38. 
The figures in the following Table approximately represent the probable 
future position of each Government. 

Surplus (+) or Deficit (-). Surplus (+) or Deficit (-). 

Province (Rs. Lakhs.) Province (Rs. Lakhs.) 

Madras ... . ... -20 Punjab +30* 

Bombay ... -65 Bihar and Orissa . - - -70 

Bengal' ... . . * -2.00 Central Provinces -17 

United Provinces . . +25* Assam . -65 

Tn arriving at these figures we have assumed that commercial stamps 
will not be federalised. We have also assumed, i-n making our estimate for 
Bombay, that Sind will be constituted a separate Province without any 
subvention from the Presidency Government, and that the separation will 
result in a net saving to Bombay of between 90 and 100 lakhs ; and we have 
also taken into account, the financial, separation of Aden from Bombay. The 
financial position of the North- West Frontier Province has already been 
investigated by the Government of India and its deficit is represented by 
the subvention. 

We add three general observations on the provincial forecasts. 

EXCISE. In compiling the forecasts which were placed before us, the 
Provincial Governments have, generally speaking, assumed that the present 
economic depression will continue, or at least that recovery from it will be 
slower than we have assumed for the purposes of this Report. We have 
revised the revenue forecasts generally to correspond with our own assump- 
tions and have, in particular, increased to some extent the estimates of excise 
revenue. Even so, the estimates of receipts from excise on country liquor 
are, we think, still very low and appear to reflect, in varying degrees, a 
deliberate policy tending to reduce or even extinguish this source of revenue. 

EXPENDITURE. We have not taken into account the possibility of 
economies other than those already adopted by the Provincial Governments. 
Some further retrenchments may be possible; within the frame-work of the 
existing administrative system; but, in view of the economies recently 
effected by Provincial Governments, it would probably be unsafe to suppose 

*In estimating for these surpluses wte have adopted the- figures placed before us 
by the Government concerned. 



FEDERAL FINANCE COMMITTEE REPORT. 213 

that further savings of this kind, effected during the next three or four years, 
wil) do more than balance any increased expenditure directly due to the in- 
troduction of the new reforms. Substantial reductions in existing expendi- 
ture could only be brought about by a comprehensive reorganisation of the 
system of administration. Measures of this kind are possible; they are 
being actively considered by at least one Provincial Government, while 
another has appointed a special retrenchment committee for this purpose; 
but we have not felt able to make any definite allowance for the effect of 
such reorganisation. 

These remarks have a special application to Bengal. After making the 
same adjustments in the revenue estimates of Bengal as we had made in 
those of other Provinces, we found that the Bengal Government was still 
anticipating a permanent deficit equal to about three-fifths of any share in 
the total proceeds of income-tax which can fairly be claimed by the Presi- 
dency, and about one crore more than it can hope to receive out of those 
proceeds in the early years of federation, except by special treatment at 
the expense of other Provinces. We fully appreciate the difficulties through 
which Bengal is now passing, but we cannot believe that the Bengal Govern- 
ment and Legislature have no means at their disposal, whether of economy 
or of increased taxation, to reduce a deficit of this magnitude; and, in the 
hope that measures will be devised to meet the situation, we have felt justi- 
fied in reducing the anticipated deficit by about 40 lakhs. As we shall show 
later, it is probable that even the deficit which we have accepted for the 
purpose of our estimate can only be wiped out at the expense of other Pro- 
vinces, and even so the Presidency would be left with no margin for 
financing new policies. 

GENERAL FINANCIAL POSITION OF THE PROVINCES.-^These 
considerations lead us to add a general warning. Our anticipations of 
normal provincial revenue and expenditure in the early years of federation 
do not, and cannot, take* account of what may happen during the period 
before the Federation is established. Our estimates show that, on the basis 
of their present revenues, most of the Provinces will be in a difficult position 
at the outset of federation, even if they balance their budgets during the 
intervening period and carry over into federation only the liabilities which 
they have already incurred, including those in respect of budget deficits up 
to 31st March, 1932. If, during the intervening period, they continue to 
accumulate deficits year by year, the position will become quite unma- 
nageable, and the prospects of real provincial autonomy will pro tanto be 
endangered. We realise the special difficulties which confront each Pro- 
vince, but we cannot refrain from observing that Bihar and Orissa, which 
has certainly not the least difficulties to contend with, hopes to balance its 
budget for 1932-33 at the cost of severe retrenchment in all its services. 
If, as we hope to show, the Provinces can be provided with a substantial 
addition to their revenues when the proceeds of income-tax begin to be 
distributed, it is of the utmost importance that they should make, during 
the intervening period, the sacrifices necessary to enable them to take full 
advantage of the prospective improvement in their position. Otherwise, the 
additional expenditure required to provide for the service of further loans 
taken to cover deficits, may mortgage the new revenue to such an extenl 
that in many cases provincial autonomy would start under the most un- 
favourable conditions. 

We regard it, therefore, as essential that the Government of India anc 
the Local Governments should give this matter their immediate attention 
and should endeavour to concert measures to secure equilibrium in th< 
Provinces during the intervening period. 



214 THE INDIAN RECORDER. 

PROSPECTS OF ADDITIONAL REVENUE 

From our examination of the probable financial position of the Federa- 
tion it seems clear that the transfer of all income-tax receipts to the Pro- 
vinces in the manner contemplated by the Peel Committee would leave the 
Federal Government with a large deficit; and as that deficit would be out 
of all proportion to any possibilities of retrenchment, we must turn, as 
previous committees have turned, to the examination of possible new 
sources of revenue federal or provincial. 
(i) Federal 

(a) EXCISE ON TOBACCO The present position in regard to this 
tax appears to be that a substantial revenue may be expected from a system 
of. vend licenses and fees, but that an excise duty imposed in the near future 
could not be relied on to yield a substantial revenue. The difficulties in the 
way of a federal excise may be overcome in course of time, but it would be 
unsafe for us to rely on this in the near future. 

(b) EXCISE ON MATCHES -The imposition of an excise duty on 
matches is already under active consideration, and we feel justified in con- 
templating the existence of such a duty from the outset of federation. 

(c) OTHER EXCISES It is possible that other excise duties may 
occupy an important place in the fiscal policy of India in the future, but we 
do not feel warranted in relying upon the introduction of such measures in 
the early year of federation. 

(d) MONOPOLIES Except in so far as the proposals already noticed 
in regard to tobacco may be regarded as a monopoly, we can suggest no 
new commodity to which the monopoly method could be applied with 
advantage. 

(e) COMMERCIAL STAMPS There are obvious difficulties in the 
way of separating stamp duties into two classes, commercial and non-com- 
mercial. It could only be done by means of a schedule, and a large element 
of purely arbitrary selection would be involved. The simple constitutional 
solution would be to class all stamp duties as provincial sources of revenue. 
We suggest that the Federal Government should retain the power to 
legislate on behalf of the Provinces in regard to those stamp duties which 
are the subject of legislation by the Central Government at the date of 
federation. 

(f) CORPORATION TAX From the financial point of view, how- 
ever, it seems clear that, if a corporation tax were imposed on companies 
registered in the States on the same basis as the present super-tax on com- 
panies in British India, the yield at present would be negligible. 

(ii) Provincial 

(a) TAXATION OF TOBACCO We suggest that the taxation of 
tobacco, otherwise than by excise on production or manufacture, should rest 
with the Units, but that the Federal Government should be given the right 
to impose a general federal excise. This distinction is, we think, justified 
by the fact that ex hypothesii th introduction of excise duties on manufac- 
ture will be difficult, if not imposible, until manufacture becomes, more highly 
industrialised; and as that development takes place, an excise levied at the 
factory by one Unit of the Federation would be a tax on consumers in other 
Units. The federalisatiorr of tobacco excise would not preclude the Federal 
Government from assigning the proceeds to the Units, if it so desired. 

(b) SUCCESSION DUTIES Bombay is, we believe, the only Provin- 
cial Government which has attempted legislation for the imposition of 
succession duties, and the attempt was unsuccessful We understand that 



PBDBRA^L PINAWCS COMMITTEE REPORT. 

even that Government would have preferred that legislation should 
been undertaken by the Government of India, We propose elsewhere th&t 
succession duties should be classed among taxes leviable by the Federal 
Government for the benefit of the Units; but clearly the facts would not 
justify reliance on them as a source of revenue in the near future. 

(c) TERMINAL TAXES The feature of terminal taxation which 
has impressed us most seriously is its operation, in effect, as a surcharge 
on railway freights. Where municipal octrois are in force, there appears 
to be a tendency to substitute for the general levy of dues on all goods 
entering the municipal boundaries the simpler alternative of a terminal 
tax collected at the railway station, and there is already a danger that 
this habit may result in diversion of traffic to the roads. We therefore 
recommend that, if terminal taxes are to be regarded as a permanent part 
of the financial structure, they should be imposed by the Federal Legislature 
for the benefit of the Units. Such terminal taxes as are already in existence 
(mainly as. municipal taxes) will fall into much the same category as other 
taxes classed as federal which, at the time of federation, are being levied 
by certain Units ; but though it may be necessary for this reason to authorise 
the municipalities and Provinces concerned to continue to raise these^ taxes, 
they should be allowed to do so only within limits laid down by the Federal 
Legislature. Assam and Bihaf and Orissa are the two Provinces which, 
having few or no municipal taxes of the kind, at present, are most desirous 
of deriving provincial revenue from this source. While we do not rule out 
the possibility of terminal taxes in these two Provinces and elsewhere as 
a temporary expedient, in view of the practice which has grown up in various 
parts of India, we are not prepared to regard terminal taxes as a normal 
source of revenue. 

(d) TAXATION OF AGRICULTURAL INCOMES. We have not 
considered the broad issues of policy involved in the taxation of agricultural 
incomes, but we have considered as we were{ commissioned to do, the more 
limited question of the possibility of empowering individual Provinces, it 
they so desire, to raise, or appropriate the proceeds of, a tax on agricultural 
incomes. In view of the close connection between this subject and land 
revenue, we agree that the right to impose such taxation should rest with 
the Provinces. For the same reason, we think that this right should be 
restricted to the taxation of income originating n vhc Province concerned. 
There will presumably be no difficulty in drafting into the constitution a 
definition of agricultural income which has so long been recognised in Indian 
income-tax law and practice. We are aware of no reliable data for estimat- 
ing the yield of such taxation. 

Conclusion 

In this survey of possible sources of additional revenue, we have deli- 
berately left out ofi account the question whether or to what extent it would 
be possible to increase the yield of existing taxes. We have con- 
fined ourselves to an examination of new sources and in this field 
the results of our survey are not encouraging. We have found that 
such provincial taxes as appear to be within the sphere of practical 
politics in the immediate future cannot be relied on to yield any subs- 
tantial early additions to provincial revenues. In using the phrase " practical 
politics," we are not, of course, expressing an opinion as to whether this 
or that tax ought or ought not to be imposed, or even as to whether it is 
or is not likely to be imposed, by the legislatures of autonomous Provinces 
when these are constituted. We are only noting the fact that the opposition 
to certain forms of taxation, or the difficulty of their imposition, is still 



INDIAN 'fcf *^Wfl> tfc 



do great that they arefnot likely to be adopte'd soon enough to influence 
the financial situation at the time when the Federation comes into being. 
In the federal sphere, the excise on matches is the only tax which we fed 
justified in taking into account as an immediate reinforcement of federal 
revenues. With this reinforcement, according to our figures, those revenues 
would yield a surplus of about 7.50 crores, including the whole proceeds of 
taxes on income as federal revenue and if the whole revenue from the new 
excise were paid into the federal fisc, or about 7.00 crores if only its yield 
in British India were taken into account. In what follows we take the latter 
figure, without prejudging the issue whether the excise duty on matches 
should be a federal tax in the full sense of the term. 

PUBLIC DEBT QUESTION 

Before considering what settlement can be effected With the Provinces 
on the basis of the figures at which we have arrived, we have to examine 
whether the whole of the pre-federation debt will be covered by assets to 
be taken over by the Federal Government, how pension charges should be 
allocated, and whether any other part of the expenditure of the Federal 
Government should be regarded as expenditure on non-federal services, i.e., 
as a " central charge." 

(i) Pre-federation Debt 

The valuation of the assets to be taken over by the Federal Government 
is a matter rather of judgment than of strict fact-finding in view of the 
uncertainty as to the basis of valuation which should be adopted. We are 
driven in the case of the commercial departments to adopt as our basis of 
valuation the capital shown as debited to those departments in the state- 
ment of the public debt of India ; and, in all the circumstances, this seems 
to be a reasonable basis. On 31st March 1931 *(the date to which the follow- 
ing statistics refer) this figure stood at 7,67,63,17 lakhs. Adding to it the 
interest-earning debts due from the Provincial Governments (1,51,82.53 
lakhs) as well as other interest-earning advances (19,45.18 lakhs) we reach 
a total of 9,38,90.88 lakhs. The sums outstanding in respect of the com- 
mutation of pensions (1,89.95 lakhs) would bring this total to 9,40,80.83 
lakhs. 

STATE PROPERTY We now deal with the other state property which 
the Federal Government will inherit. Complete lists of state property 
falling into this category do not exist, nor is information available in all 
cases as to the original cost or book value. In the case of New Delhi and 
the Bombay Military Lands, the figure of the cost (19,88.38 lakhs) can 
fairly be accepted in view of the recent date of the transactions; and, for 
present purposes, we take the book value (87,44.00 lakhs) for all the civil 
and military properties and other miscellaneous items which find a place 
in such registers as are maintained, although, in our judgment, the book 
value of several items understates the real value. The lists, however, are 
very incomplete; and no account is taken of such assets as forests, most 
of the military lands, Royal Air Force buildings and landing grounds, certain 
stores, plant of the Public Works Department, furniture, libraries and 
museums, nor, of course, of roads and bridges. The original cost or the 
replacement value of these properties must be very large indeed; but we 
have no materials on which we can form even an approximate estimate of 
the amount involved. 

CURRENCY ASSETS The total value, therefore, of the identifiable 
assets to be taken over by the Federal Government which we have con- 
sidered so far amounts to 10,48,13,21, lakhs without taking into account the 
numerous items for which no data are available. 



FfiDjBftAL FlNAtfCtf COMMftTES REPORT. 2$ 

There is still another identifiable portion of the public debt of India 
associated with another class of assets. Following the return of large 
numbers of silver rupees from circulation in recent years, a portion of the 
silver holding in the Paper Currency Reserve has -been sold. These sales 
have created a gap in the Reserve amounting to the difference between the 
nominal value of the rupees melted down and the price realised for the silver. 
This gap might have been made good by the transfer of securities from the 
Gold Standard Reserve, as that Reserve had been built up in the past trom 
the profits of coinage. Instead of this procedure being followed, ad hoc 
Treasury Bills were created and placed in the Paper Currency Reserve. 
This portion of the public debt of India is therefore associated 
with currency assets (including in this term the Gold Standard 
Reserve), which are not being taken into account as assets for the 
purposes of our calculations. As the Federation will, either directly 
or through a Reserve Bank, take over these assets, it is right that 
it should also assume responsibility for| this portion of the public debt. The 
loss on the sale of silver up to 31st March 1931, amounted to Rs. 14,97.81 
lakhs. Had this loss been met from the Gold Standard Reserve, the currency 
assets to be taken over would have been correspondingly reduced and this 
portion of the debt would not have existed. Adding this item, the total 
value of the identifiable assets is- increased to 10,63,11.02 lakhs. 

INDIA'S DEBTS. Turning, now, to the amount involved, if the whole 
of the pre-federation liabilities were assumed by the Federal Government, 
we have ascertained that the debt position of the Government of India 
on 31st March 1931 the latest date for which actuals are available was 
as follows : 

Lakhs 
Rs P 

Interest-bearing liabilities .., -. . .... 11,87,47.85 

Non-interest-bearing liabilities - . ..-. . 29,89.28 

12,17,37.13 
Less liquid assets . . 34,69.96 

Total liabilities ..... .... .. . 11,82,67.17 



Interest-bearing liabilities include not only loans, sterling and rupee, and 
Treasury Bills held by the public and in the Paper Currency Reserve, but 
also the balance of the War Contribution, Railway Debenture Stock and 
Railway Annuities, Post Office Savings bank deposits, Cash Certificates, 
Provident and certain Family Pension Funds, Depreciation and Reserve 
Funds and interest-bearing provincial balances. Non-interest-bearing liabili- 
ties of a liquid nature include a variety of items, such as deposits and pro- 
vincial balances which do not bear interest, the amounts due to certain 
non-interest-earning funds, uncashed cheques and accrued discount on 
Treasury Bills ; while liquid assets include cash balances, repayable advances 
and the sinking fund investment account for certain loans. 

In the above statement, the public debt has been taken at its nominal 
figure. This debt, carrying, as it does, an over-all rate of interest of 4.29 
per cent., might, for the purpose of assessing the present-day capital liability, 
not unreasonably be written down on a 5. per cent, basis by something like 
170 crores ; or, viewing the matter in another way, if the irredeemable loans 
raised at 3, 3 and 2\ per cent., were reassessed on the same basis, the 
figure of indebtedness would be reduced by about 145 crores. 

Having regard to this and to the fact that our figure of 10,63,11.02 lakhs 
takes no account ofi a large and valuable block of assets, we do not hesitate 

28 



aia THE INDIAN RECORDER. 

to report that, if the Federal Government assumed responsibility for the 
whole of the pre-federation debt, its obligations would be covered by the 
assets also taken over. It will also be evident from other parts of our 
Report that the service of the debt will be fully covered by the sources of 
revenue which will remain at the disposal of the Federal Government. 

We are satisfied that, if Burma is separated from India, a division of 
the liabilities and assets somewhat on the basis suggested in the Howard- 
Nixon Memorandum will not, so far as the future Federation is concerned, 
have any invalidating effect on the conclusion at which we have arrived. 

(H) Civil Pension* 

In Appendix II we have attempted to analyse the civil non-effective 
charges at present falling on the central budget and, starting from the 
assumption, adopted by the Peel Committee, that pensions awarded in res- 
pect of service in a* department or office, which will be federal, are a proper 
federal liability, to describe and evaluate the items which constitute the 
balance of those charges. 

The existing civil pension charge can be classified as follows: 

Approximate cost 

, , , in 1930-31. 

\ Lakhs. 

(1) Political and Territorial Pensions . . 32 

(2) Pensions paid in respect of members of contributory funds 

now closed . . . . . . .... 67 

(3) Pensions paid in respect of members of the I. C. S. Family Pension 
Fund and the Bengal Pilot Service Fund ... 8 

(4) Ordinary Pensions including miscellaneous adjustments . 1,66 



Of these, the first are not pensions in the ordinary sense of the term 
and are clearly a federal charge. 

We have now to determine what part of the annual charge for ordinary 
pensions' is properly federal. The present charge in respect of pensions paid 
out of India is some 80 to 90 lakhs per annum. As indicated in the Appen- 
dix, we estimate that about five-sixths of this is in respect of service in the 
provinces. The charge is rapidly falling (it has fallen by roughly 50 per 
cen,t. since 1st April, 1921), while, as regards pensions paid in India by the 
provinces, there appears to be no need for re-allocation. 

The conclusion, then* is that, at the beginning of federation, there will 
fye a rapidly declining non-effective liability in respect of ordinary and family 
pensions which is not likely to exceed 80 s or SO lakhs per annum. This 
liability should, theoretically, be apportioned between the various provinces. 
We therefore recommend that no attempt be made to show this " central " 
liability of some 80 or 90 lakhs as a separate item in the superannuation 
charges (of something over 2 crores per annum) which will appear in 
the federal budget. 

(Ui) Central Charge 

If our recommendations as to debt and peasioas are accepted, we feel 
justified in assuming that no section of opinion in India is likely to think 
it worthwhile to separate out of the federal budget such minor items of 
Expenditure as may, at the present moment, be held to be incurred mainly 
pfi behalf of the provinces. The cost of the Income-tax Department, includ- 
ing pensions, will of course be treated as a deduction from the yield of taxes 
on income. 



FEDERAL FINANCE COMMITTEE REPORT. 219 

DISTRIBUTION OF INCOME-TAX 

(i) Preliminary Remarks , 

Having made a forecast of the financial position and having dealt with 
the pre-federation debt and pension charges, we are now in a position to 
examine the important question what settlement the Federal Government 
will be able to effect with the Provinces on the basis of our estimates. We 
must observe, however, that we have no knowledge what provision may 
have to be made for at least three factors : 

(a) Any con-current settlement with the State, 

(b) the separation of Sind; and 

( (c) additional expenditure directly due to the establishment of a 
federal system. 

The first two points are under investigation by other Committees while, 
as to the third, it is clearly impossible to estimate the cost of a Federal 
Legislature or a Federal Court the constitution of which has not yet been 
determined. On this latter point, however, we feel bound to remark that 
we hope the cost of introducing the new reforms will be reduced to a 
minimum both at the centre and in the Provinces. The opinion is widely 
held in India that the cost of government already exceeds what can properly 
be borne by a predominantly agricultural country and it would be deplorable 
if the first result of the reforms were a large addition to the overhead 
charges of Government. If we may venture to say so, much may depend 
on the example set in this matter by the Federal to the Provincial Govern- 
ments. 

In these circumstances, we propose to approach the problem from 
another angle and to consider what is the minimum sum required to put 
the Provinces in a fair position to begin their work under the new federal 
system. 

The Peel Committee recommended that taxes on income should be 
transferred to the Provinces, with the exception of corporation tax which, 
it was suggested, might in certain circumstances, be retained by the Federal 
Government. The present super-tax on companies is a corporation tax; 
but it would obviously be undesirable to define a particular kind of cor- 
poration tax in a permanent constitution and we confess that we are unable 
to devise any definition appropriate to such a constitution except the wide 
one of a tax on the profits of companies. 

In addition, the Federal Government should obviously retain tax paid 
by residents in the Federally Administered Areas, and we think it should 
also be allowed to retain tax paid on the salaries of federal officers. 

The Peel Committee also recommended that the whole of the taxes on 
income to be transferred to the Provinces should be so transferred at the 
outset of federation, and that any resulant federal deficit should be met 
from Provincial contributions. It is clear from our estimates that, on this 
basis, there would in fact be a very substantial deficit. We shall state our 
proposals in terms of the method recommended by the Peel Committee; 
but it will be seen that, under our proposals, this method amounts, in practice, 
to a transfer to each Province of a percentage of the share of income-tax 
estimated to be attributable to it. 

Finally, the Peel Committee recommended that the constitution should 
specifically provide for the extinction of provincial contributions by annual 
stages over a definite period, such as ten or fifteen years. We have con- 
sidered this recommendation with the greatest care, and have come to the 
conclusion that, on the data now available, it is impossible to specify an- 
annual rate of reduction of contributions or a definite period within which 



220 THE INDIAN RECORDER. 

it could be anticipated with reasonable certainty that the natural growth 
of existing federal revenues, at the rates of taxation we have assumed, would 
enable the Federal Government to extinguish contributions altogether. 

(ii) Principle* of Distribution of Income Tax 

It is important to select a proper basis of distribution of income-tax 
receipts. This must satisfy three fundamental tests : 

(a) It should be simple, easily understood and administratively 
workable. 

(b) It should give results as between Province and Province which 
are likely to be accepted as fair on the whole. 

(c) It should not be incompatible with the idea of a federation of 

autonomous units. 

We shall now consider how far the various bases that have been sug- 
gested satisfy the above tests. 

The Central Board of Revenue has furnished us with an expert review 
of the various possible methods of distribution from which it would appear 
that an allocation on the basis of collections (or of the income brought 
under assessment) would lead to gross injustice as between Province and 
Province. Companies (often operating over large areas) are assessed at a 
single place, namely, the head office, which, in most cases, is located in the 
industrially more advanced Provinces; and interest on securities held all 
over the country is paid by the Public Debt Offices in Calcutta, Bombay and 
Madras. We see no reason why, merely because of the accident that 
income is assessed or tax collected there, these Provinces should benefit at 
the cost of others in which the income accrues or the tax-payer resides. 
This basis must, therefore, be ruled out. 

Distribution by population has equally no scientific basis; but, as will 
be seen later, it can be adopted with advantage for the distribution of taxes 
on certain forms of income which cannot easily be assigned to any particular 
locality, such as the undistributed profits of companies and the income of 
non-residents. 

There is no doubt much to be said in theory for the basis of origin, but 
we are satisfied that it would not be administratively workable in 
respect of the income of individuals and, even in respect of the 
income of companies, would be workable only if the allocation were 
to be made wholly on arbitrary lines, either by investing income-tax 
officers with unlimited discretion or by laying down uniform rules of 
allocation, irrespective of widely varying conditions. We cannot, therefore, 
recommend the adoption of this method. 

There remains the basis of residence in one of two forms, either the 
basis of personal income (assessed or assessable) in each Province, or the 
amount of income-tax on such income attributable to each Province. In 
making the choice between these two alternatives, it is relevant to consider 
what would happen if each Province were raising its own taxation; and 
we have no hesitation in adopting the basis of the tax actually paid as 
being the more appropriate in the circumstances. 

What has to be done, therefore, is to credit each Province with the tax 
paid by persons resident in it (i.e., by individuals, Hindu! undivided families, 
unregistered firms and certain associations), including tax on dividends 
received by them from companies. This gives rise to no difficulty in regard 
to personal super-tax since, generally speaking, super-tax is not collected 
at source but after formal assessment. In respect of ordinary income-tax, 
however, we are advised that there are practical difficulties in ascertaining 
the amount of tax actually creditable to each Province. A substantial part 



FEDERAL FINANCE COMMITTEE REPORT. 22! 

of the ordinary income-tax is collected at source; and it often happens that 
no formal assessment is made on the tax-payer (i.e., the recipient of the 
income) either because the income-tax authorities are satisfied that he has 
no other source of income or, it may be, because the person evades assess- 
ment. While we cannot recommend that increased expenditure on income- 
tax establishments should be incurred merely to make formal assess- 
ments which bring no additional revenue, we are of opinion that the 
system of statistics now in being should be modified before the 
inauguration of the Federation in such a way as to facilitate the ascer- 
tainment of the personal income-tax creditable to each Province. This 
system, if suitably modified, could, in our opinion, reduce the element of 
estimation to a minimum. 

Pending the collection of such statistics, the only practicable course 
appears to be to throw all thej personal income-tax (i.e., excluding personal 
super-tax) into a common pool and to distribute this pool between the Pro- 
vinces on the basis of the best estimate that can be made from time to 
time, having regard to formally assessed incomes and to the probable 
amount of incomes paying tax at source, but not formally assessed, in each 
Province. Personal super-tax, as already stated, should be credited to the 
Province in which the assessment is made. 

As regards tax on income other than " personal income " (i.e., the in- 
come of non-residents and undistributed profits of companies), we are of 
opinion that, in view of the difficulty of tracing the origin of such income, 
the proceeds should be distributed on the basis of population. This would 
incidentally help, to some extent, the poorer Provinces with large popula- 
tions like Bihar and Orissa and the United Provinces. 

The plan that we have suggested above appears to satisfy the first two 
criteria referred to in our opening paragraph, and we may now examine 
how far it satisfies the third criterion. It is obviously neither possible nor 
necessary to work out the results of all the possible schemes of taxation 
of incomes that the Provinces might evolve if they were independent states. 
They could, however, tax only persons within their jurisdiction, and things 
within their jurisdiction, i.e., tax on the basis of residence or on that of 
origin; and all schemes of income-tax ultimately rest on these two bases 
in some form or other, whether singly or in combination. The co-existence 
of varying systems in the different Units would undoubtedly give rise to 
various problems of double taxation, in regard to which a Province would, 
if it desired to give relief, have to negotiate with other Provinces. All 
schemes of relief from double taxation, however, are of the nature of com- 
promises, and not, therefore, likely to be strictly logical or consistent; and 
it is consequently impossible to determine a priori what exactly would happen 
if each Province levied tax as an independent State. But what we are con- 
cerned with is not so much what the Provinces would actually do if they 
were independent States as whether our scheme is inherently consistent 
with the idea of provincial autonomy. A system of taxation resting primarilv 
on the basis of residence, with reciprocal exemptions for residents of other 
States, which is the essential feature of our scheme, does not, in our opinion, 
conflict with this idea. Indeed, such arrangements as between independent 
States are not without precedent, and are in fact favoured by the balance 
of expert opinion. 

(iii) The! Distribution Proposed 

On the basis that we have recommended and on the data available to 
us, we estimate that the proceeds of taxes on income would be divided 



222 THE INDIAN RECORDER. 

between the Federal Government and the Provinces in the following 
manner : 

Total gross yield of income-tax 18.00 

Less cost of collection . . .. 80 



Net Yield . 17.20 

Super- tax on companies, tax on salaries of federal officers 
and personal income- tax and super- tax levied in Federal 
Areas (to be retained by the Federal Government) . 3,70 

Balance available for distribution to the Provinces 13,50 

Of this sum, about 2,00 lakhs represent collections of personal super- 
tax (i.e., other than company super-tax) and would be distributed on the 
basis of actual collections from residents. Of the balance of 11,50, about 
one-seventh would approximately represent the estimated tax on the un- 
distributed profits of companies and on the incomes of persons resident out- 
side British India; and we suggest that this fraction of the income-tax 
receipts should be distributed on the basis of population. The remaining 
six-sevenths would be distributed on the basis of the estimated share of 
personal income-tax creditable to each Province. The following Table sets 
out the position. 

DISTRIBUTION OF INCOME-TAX 
[ In Lakhs of Rupees ] 

2 croies on col- l/7th of 11* 6/7th of Hi 

lections of per- crores on pppu- crores on basis 

sonal super-tax lation basis of personal 

income-tax 
without federal 

Province salaries Total 

Madras 7 30 1,46 1,83 

Bombay (including Sind) 50 14 2,79 3,43 

Bengal 1,10 32 , 2,63 4,05 

United Provinces 8 31 84 1,23 

Punjab 2 15 74 91 

Bihar and Orissa 18 24 65 1,07 

Central Provinces 3 10 46 59 

Assam 1 6 22 29 
North-West Frontier 

Province 1 2 7 10 

Total 2,00 1,64 9,86 13,50 

We desire to emphasise that the percentages given in the above table 
are estimates only and are not intended to be precise figures for inser- 
tion in the constitution. The super-tax figures, of course, represent actual 
collections, and would be so referred to in the constitution or in statutory 
rales under the constitution. The figures we have given may be affected 
in the future by trade conditions. Even in the case of income-tax, it may 
not be necessary to lay down any percentages if it be found possible for 
the Central Board of Revenue to evolve a system under which the proceeds 
of the tax could be distributed each year on the ascertained figures of, say, 
thi preceding year instead of on estimates. On the other hand, if, as we 
suggest later, the contributions from the Provinces are fixed in proportion 
to the shares of income-tax made over to them, it might be an advantage, 
from the point of view of the stability of the provincial budgets, that the 
share (i.e., percentages) of income-tax due to the Provinces should not be 
altered from year to year, even if readily ascertainable, but be fixed for a 
term of years, the percentages "due to each Province being revised (say) 
every five years on the basis of the figures of personal income-tax for the 



FEDERAL FINANCE COMMITTEE REPORT. 2*1 

previous quinquennium as disclosed by the income-tax statistics. In view 
of the incomplete data on which our estimates have been made a special 
review would, in any case, be necessary at the time the Federation is estab- 
lished in order to fix the initial percentages. If it is considered necessary 
that the percentages to be used as the basis of distribution from time to 
time should be finally determined by some independent authority, we would 
suggest that this might be jdone by the Auditor-General. 

(iv) Basis of Contributions 

We have now to consider on what basis the total contribution to be 
taken i'rom the Provinces should be allocated among them. 

We have studied the scheme of the Meston Settlement with a view to 
adapting it, if possible, to the solution of our problem, since, in spite of 
the difference created by the advent of Federation, our problem has some 
affinity with that considered by the Meston Committee. 

Under the Meston Settlement there were two fundamental scales of 
contributions the initial scale which was fixed arbitrarily but with refer- 
ence, primarily, to the additional resources at the disposal of each Province 
as a consequence of the re-allocation of heads of revenue under the Reforms, 
and the " standard " scale which was calculated with reference to all re- 
levant factors, namely, wealth (both actual and potential), taxable capacity, 
the revenue of the Provincial Government and its possible expansion, the 
standard of expenditure, liability to famine, etc. The " standard " scale was 
to be reached gradually in seven years by nearly equal steps. Bihar and 
Orissa, which in view of its specially bad financial position was allowed to 
start with no contribution, made no contributions at any time ; and from 
1922-23 onwards the Government of India remitted also the contribution 
of Bengal. All the contributions were extinguished in 1927-28 and effect 
was never given to the ultimate " standard " scale of contributions recom- 
mended by the Meston Committee. 

Our problem is more akin to that which the Meston Committee had 
to consider in respect of the first seven years of the Montagu-Chelmsford 
Reforms than to the permanent scale of contributions which that Committee 
had to determine ; and, even if we could revise their " standard " scale by 
re-valuing the factors which they took into consideration and bringing into 
account the addition to provincial revenues derived from income-tax, the 
application of such a scale would leave some Provinces in deficit or with 
too small a margin of increased revenue. In the circumstances, we have 
been driven, as the Meston Committee were driven in respect of the transi- 
tional period, to the expedient of assessing the contributions primarily with 
reference to the additional resources of the Provincial Governments in 
other words, in proportion to their shares of income-tax. 

We have already indicated that we should prefer the income-tax collect- 
ed each year to be distributed, not on the actual ascertained percentages of 
each year, but on percentages based on the actual figures for a series of 
years and fixed for a term of (say) five years. We consider that the 
aggregate contributions to be paid by the Provinces to the Federation 
should be a fixed sum which should be reduced gradually as and when the 
Federal Government can/ afford to do so. This aggregate should be appor- 
tioned among the Provinces, at the same intervals of five years, in propor- 
tion to their shares of income-tax and super-tax ; and the sums thus assigned 
to, each Province should remain subject at any time to rateable reduction 
in the event of a reduction of the aggregate contribution. 



224 



THE INDIAN RECORDER. 



(v) Contribution* Proposed 

The following tables, sets out the results of applying these principles 
on the assumption that the Federal Government will bef unable, at the outset, 
to devote more than five crores to the settlement with the Provinces; or, 
in other words, that the Provinces will have aH first to contribute 8 crores 
to the Federal Government: 



Surplus 

(+) or deficit ( ) 
on the basis of 
present provincial 

revenues. 
Province 

Madras 20 

Bombay 

(excluding Sind) 65 
Bengal 2,00 

United Provinces +25 
Punjab +30 

Bihar and Orisst 70 
Central Provinces 17 
Assam 65 

N.-W.F. Province . 
Sind 



Full con- 
tribution payable 

proportionately 
Share of to the amount 

income-tax under column 3. 
1,83 1,15 



3,22 

4,05 

1.23 

91 

1,07 

59 

29 

10 

21 



2,03 

2,55 

78 

57 

68 

37 

18 

6 

13 



Surplus 
(+) or deficit 
( ) if full con- 
tribution is paid. 
+48 

+54 
-50 
+70 
+64 
-31 
+5 
54 



If our estimates are approximately correct, our plan will thus leave 
three Provinces in deficit. If contributions could be reduced rateably by 
2\ crores in the aggregate i.e., if the Federal Government could devote 
7J crores to the settlement with the Provinces Bengal would be left with 
a sui plus of about 25 lakhs, and a little less than 25 lakhs would be required 
to wipe out the deficit of Bihar and Orissa and to remit to Assam the whole 
of its contribution a sum which could be distributed rateably among the 
other Provinces without arousing any serious sense of grievance. If con- 
tributions could be reduced by 1 crore in the aggregate i.e., if the Federal 
Government could devote 6 crores to the settlement with the Province 
this reduction would be approximately sufficient to wipe out the deficits of 
Bengal and Bihar and Orissa and to remit the contribution of Assam, if 
the benefit of the reduction were given wholly to these three Provinces. 
If no more than 5 crores are available for the settlement with the Provinces 
and if, nevertheless, it is desired to fill the deficits of Bengal and Bihai 
and Orissa and to remit the whole contribution of Assam, this can only be 
done by reducing the share of the 5 crores which would go to the other 
Provinces, 

Bengal has frequently put forward a claim to a share, in some form, 
of the proceeds from taxation on the export of jute. Assam, too, has re- 
cently claimed the excise duty on kerosene and motor spirit produced within 
its borders. These or any similar proposals raise highly controversial ques- 
tions of principle; but as, in any case, they could only result in delaying 
pro tanto the remission of provincial contributions we have not felt able to 
take them into account for the purposes ot our scheme. 

We have considered other proposals which might to some extent con- 
ceal the realities of the situation, but it seems better to state frankly 
that the only method of relieving the deficit Provinces is to spread the 
charge over the other Provinces. The charge ought to be spread in pro- 
portion to the amount of income-tax received by each Province, but so as 
not to convert any of their surpluses into a deficit. If a remission of 50 
lakhs were made to Bengal, 33 lakhs to Bihar and Orissa, and 18 lakhs 
(the whole contribution) to Assam, the results would be as shown in the 
following Table: 



FEDERAL FINANCE COMMITTEE REPORT. 2# 

Full contribution Contribution 

payable. proposed Final surplus 

Madras 1,15 1,41 22 

Bombay 2,03 2,48 o 

Bengal 2,55 2,05 

United Provinces 78 95 53 

Punjab 57 70 51 

Bihar and Orissa 68 35-2 

Central Provinces 37 37 5 

Assam 18 3b 

If this procedure were adopted, we should hope that the preferential 
treatment of certain Provinces in the matter of contributions would only 
be temporary; but so long as it continues we thintc that the extinction of 
the excess contributions of the Provinces which are contributing more than 
their share should be regarded as a first charge on any sum available to 
the Federal Government for the reduction of contributions. 

Assam is in a special position since, obviously, no special treatment 
within the limits of a scheme for distributing income-tax will meet its 
needs. If its whole contribution is remitted, it will still be left with a 
deficit of 36 lakhs. This figure would be reduced by about 10 lakhs if the 
Government of India were to relieve the Province of certain charges in 
respect of frontier tracts on the lines of proposals recently made by the 
Government of Assam. A possible further source of revenue would be a 
terminal tax, the yield of, which is estimated by the Provincial Government 
at about 20 lakhs. For the rest, we can only make a suggestion. Assam 
appears to present one peculiar feature, not present in the same degree in 
any other Province, namely, that it is comparatively undeveloped and can 
not itself afford to raise the capital necessary for its development. It is at 
least possible that Assam might be made self-supporting in the future 
by a well-considered programme of development and land settlement finan 
ced by federal loans, possibly on terms which would take account of the 
immediate difficulties of f he -Province during the period until the develop- 
ment becomes effective. We suggest that the Government of India should 
examine this possibility in consultation with the Government of Assam. 

(vi) Conclusion ' 

We conclude that (1) 7 crores is the amount required to carry out a 
logical distribution of income-tax among the Provinces with special treat- 
ment only for the two Provinces which are generally recognised to be in 
need of such treatment. 

(2) Six crores would be sufficient to give special treatment to Bengal 
as well as to these two Provinces, while leaving Madras, Bombay, ths 
United Provinces and the Punjab each with a substantial surplus ranging 
from about 45 lakhs to about 70 lakhs. 

(3) On the basis of 5 crores, a method of distribution can be devised 
which, while calling for temporary sacrifices from these four Provinces, 
would enable every Province except Assam to balance its budget. 

On our estimated federal surplus of 7 crores, a net distribution of 5 
crores would leave 2 crores available for the contingencies to which we 
have referred. We can express no opinion as to whether this balance will 
prove more than sufficient to meet those contingencies, but we should hope 
that any new expenditure arising out of the establishment of the Federation, 
including the separation of Sind, will not exceed about one crore. 

If it were found necessary to abandon the idea of corporation tax as 
a federal source of revenue, the proceeds of the tax could be distributed 
to the Provinces on the same basis as personal income-tax (one-seventh in 

29 



&* THE INDIAN RECORDER. 

proportion to population and six-sevenths in proportion to personal incomer 
tax assessed on residents), the provincial contributions being correspond- 
ingly increased. But, if this were done, the Federal Government would lose 
the one tax ^fhich could be relied on at present to compensate it for a fall 
in customs revenue. 

We therefore venture to make a suggestion which we do not think is 
inconsistent with the principles laid down by the Peel Committee, and is, 
indeed, in harmony with their desire to secure " a considerable degree of 
elasticity in the financial framework." One fact which has come out clearly 
in our investigations is the widespread recognition of the need for uniformity 
of taxation throughout India in certain fields. It is for this reason that we 
have already suggested that the Federal Government should retain the 
power of legislation in regard to certain sources of revenue levied for the 
benefit of the Units. The allocation to the Federal Government of^ the 
1 power ' of taxation in these fields in no sense implies that the actual ' col- 
lection ' of the taxes concerned should necessarily be placed in the hands 
of federal officers, and it may be worth noting that the collection of the 
existing duty on petroleum products in British India is carried out by offi- 
cers in the service of the Provincial Governments. 

Our suggestion 15 that the Federal Government should have a general 
power to impose a surcharge for its own purposes on any tax levied by 
it in this way for the benefit of the Units. If this suggestion were adopted, 
it would, we think, be necessary to accord to the Units, on their side, some 
interest in the proceeds of federal excises, and to provide that the Federal 
Government should be at liberty to assign the whole or any part of the 
proceeds to them, as may be laid down in the Federal Act imposing the 
particular duty. 



(vii) Concluding Remark* on the 

It may not be out of place here if we draw attention to one or two 
of the conclusions which appear to arise from the facts. 

The facts seem to show, in the first place, that, given a recovery from 
the present abnormal economic conditions, the financial scheme outlined in 
the Peel report provides a foundation on which an Indian Federation can 
b* established and can begin its work. Under that scheme it will apparently 
be possible to give relief to the Provinces, commensurate in amount with 
their most urgent needs and compatible in form with their dignity as auto- 
nomous Units. But the facts show also that this relief to the Provinces not 
ojiiy need not, but cannot, be given at the expense of the other Units. 

We have found as a matter of fact that the Federal Government will 
not have at its command, at the outset of federation, large reserves where- 
with to satisfy claijns, whether of the Provinces or of the States, which the 
Government; of India have hitherto found themselves unable to meet. Thip 
fact has a bearing on th$ problem of equalising burdens as between all Units 
of the Federation. It seems clear that the power of the Federal Government 
.to redress inequalities will be limited by intractable facts. 

Perhaps this conclusion points to another. It is doubtful whether a 
jealous comparison of relative burdens offers a sound basis for a successful 
partnership. Each partner in a new enterprise must bring something subs- 
tantial into the common pool and may expect to derive solid advantages 
from the partnership commensurate with his contribution, but if those con- 
ditions are fulfilled, the partners will be unwise to insist on a meticulous 
equality. 



FEDERAL FINANCE COMMITTEE REPORT. 22* 

POWERS OF TAXATION 
(t) Allocation of Powers and Lists of Sources of Rcrenue 

Every government working under a fixed constitution must have powers 
of taxation, which are not merely commensurate with its normal functions 
but also sufficient to support its credit both at home and among the nations 
of the world. A government whose revenues are inelastic or whose powers 
are so restricted that it cannot maintain a proper balance between direct 
and indirect taxation will be in danger of finding that its credit is as 
inelastic as its revenues and as restricted as its powers of taxation. The 
Peel Committee contemplated that the necessary reinforcement of federal 
revenues might be found in excise duties and in a corporation tax. 

One fact which has come out clearly in our investigations is the wide- 
spread recognition of the need for uniformity of taxation throughout India 
m certain fields. It is for this< reason that we have already suggested that 
the Federal Government should retain the power of legislation in regard 
to certain sources of revenue levied for the benefit of the Units. The 
allocation to the Federal Government of the power of taxation in these 
fields in no sense implies that the actual collection of the taxes concerned 
should necessarily be placed in the hands of federal officers, and it may be 
worth noting that the collection-of the existing duty on petroleum products 
in British India is carried out by officers in the service of the Provincial 
Governments. 

Our suggestion is that the Federal Government should have a general 
power to impose a surcharge for its own purposes on any tax levied by it 
in this way for the benefit of the Units. If this suggestion were adopted, 
it would, we think, be necessary to accord to the Units, on their side, some 
interest in> the proceeds of federal excises; and to provide that the Federal 
Government should be at liberty to assign the whole or any part of the 
proceeds to them as may be laid down in the Federal Act imposing the 
particular duty. 

This proposal, if adopted, would, of course, result in anomalies so long 
as taxes imposed for the benefit of the Units were not levied uniformly 
throughout the Federation; but, as we have seen, an anomaly of precisely 
this kind must in any case exist in regard to income-tax for some time after 
the Federation is established, quite. apart from any question of the fiscal 
policies of the States. Whatever those policies may be, the Federal 
Government will in any case be obliged to retain, in the form of contribu- 
tions, a much larger percentage of the proceeds of income-tax attributable 
to the Provincials than would be involved in a mere federal surcharge. 

On this basis, we append three lists of sources of revenue in regard to 
which the power of legislation should rest with the Federal Government : 
I. Sources reserved to the Federation. 
II. Excise Duties. 
III. Taxes leviable for the benefit of the units subject to a right 

of federal surcharge. 

AH the rights thus reserved to the Federal Government may, of course, 
be subject to exceptions in favour of the States, whether in respect of their 
treaty rights, or in respect of taxes now levied by them, or in respect of 
special postal and currency rights, or otherwise. 

In Appendix IV, we also give, as .we are required to do, a list of other 
sources of revenue. This list may serve as a basis for any specific schedule 
of sources reserved to the Units which it may be decided to insert in the 



m THE INDIAN RECORDER. 

constitution. It includes sources which are or may be open to local autho- 
rities, since, in constitutional theory, local government taxes are provincial 
or state taxes, and, in practice, the two cannot be delimited as separate 
spheres. 

I. SOURCES RESERVED TO THE FEDERATION 

1. Revenue from the public domain vested in the Federal Government, 
including lands, buildings, mines, forests, and any other real property of 
the Federation. 

2. Revenue from federal enterprises, including railways, aviation, 
posts and telegraphs, opium and salt manufacture, and other undertakings 
of the Federation. 

3. Profits arising from the management of federal currency, banking 
profits, revenue from investments or loans, payments to the Federal 
Government in discharge of debt, and federal lotteries. 

4. Fines and penalties arising in respect of subjects administered by 
the Federal Government. 

5. Fees levied in the* course of discharging the functions committed to 
the Federal Government, such as fees of the Federal Court, port pilotage 
and lighthouse dues, and fees for the registration of companies. 

6. External customs duties and export duties. 

7. Excise on salt. 

8. Taxes on immigrants. 

9. All sources of revenue within the Federally Administered Areas. 

10. Contributions from the Units of the Federation as prescribed in the 
constitution. 

11. Any other receipts accruing in respect of federal subjects. 

1LEXCISE DUTIES 

Excise duties, excluding 'those on salt (See 'List I.), and on alcoholic 
liquors, narcotics (other than tobacco) and drugsf 

III. TAXES LEVIABLE FOR THE BENEFIT OF THE UNITS 
SUBJECT TO A RIGHT OF FEDERAL SURCHARGE 

1. Revenue from the public domain, including lands, buildings, mines, 
forests, fisheries and any other real property belonging to the Units. 

2. Revenue from public enterprises such as irrigation, electric power 
and water supply, markets, slaughter houses, drainage, tolls and ferries, 
and other undertakings of the Units. 

3. Profits from .banking and investments, loans and advances and 
State lotteries. 

4. Fines and penalties arising in respect of subjects administered by 
the Governments of the Units. 

5. Fees levied in the course of discharging the functions exercised by 
the Governments of 'the Unife and local authorities, such as court-fees, in- 
cluding* all fees for judicial or quasi-judicial processes, local rates and dues, 
fees for the registration of vehicles, licenses to possess fire-arms and to 
drive automobiles, licensing ot common carriers, fees for the- registration 
of births, deaths and marriages, and of documents. 

6. Capitation taxes other than taxes on immigrants. 

tWe think that excises "on all drugs, whether "dangerous" or other, should rest 
with the Units, including taxes on proprietary medicines and the like. 



FEDERAL FINANCE COMMITTEE REPORT. 1* 

7. Taxes on land, including death or succession duties in respect of 
succession to land. 

8. Taxes on personal property and circumstance, such as taxes on 
houses, animals, hearths, windows, vehicles, chaukidari taxes; sumptuary 
taxes; and taxes on trades, professions and callings. 

9. Taxes on employment, such as taxes on menials and domestic 
servants. 

10. Excises on alcoholic liquors, narcotics (other than tobacco) and 
drugs, and taxes on consumption not otherwise provided for, such as cesses 
on the entry of goods into a local area, taxes on the sale of commodities 
and on turnover, and taxes on advertisements. 

11. Taxes on agricultural incomes. 

12. Stamp duties other than those provided for in List IIT, 

13. Taxes on entertainments and amusements, betting, gambling and 
private lotteries. 

14. Any other receipts accruing m respect of subjects administered by 
the Units. 

15. Also, in the case of the States, any s'ources ot revenue not specified 
above but referred to in paragraph 103 of Section VI of the Report. 

(i) Actual Position at the Outset of Federation 

Note. The following classfncation, '( a ) anc * (b), merely represents 
what we assume may be the actual position in regard to these taxes at tKe 
outset of federation, and not necessarily a permanent constitutional 
classification. 

(a) in British India 

1. Taxes on personal income other than agricultural; death or succes- 
sion duties other than duties in respect of succession to land; taxes on 
personal capital other than land; and taxes on mineral rights. 

2. Terminal taxes on. railway, water or air-borne goods and passengers, 
and taxes on railway tickets and goods freights. 

3. Stamp duties on certain transactions. 

(b) in The Federation as a Whole 

Taxes on the income or capital of corporations. 
(ii) Questions Relating to the Taxes in List HI 

The above scheme of allocation need not affect the substance of our 
proposals either for the distribution of income-tax or for the assessment of 
provincial contributions. The only change in our proposals would be that 
the Federal Government would not retain the proceeds of the super-tax on 
companies, which would be assigned to the Provinces together with other 
taxes on income; but the Federal Government would retain instead, as a 
general surcharge on all income-tax attributable to the Provinces (i.e.. tax 
other than that on federal officers and residents in Federal Areas), a sum 
of approximately, the same amount. The yield which we have assumed for 
the super-tax on companies in paragraph 74 above is 2 crores. 

We have found considerable conflict of opinion to the desirability of 
giving the Provinces a right of surcharge on the standard rates of income- 
tax. On the whole, we think that the Federal Legislature should have 
power to authorise the Units to impose a surcharge on any of the taxes 
in list III within such limits as it may think fit. 
(Hi) Other Questions Arising Out of the Proposed Allocation of Powers 

To some extent the allocation of powers of taxation depends upon the 
allocation of other powers between the Federation and the Units. For 



2JKI THE INDIAN RECORDER. 

instance, the power to establish monopolies cannot be regarded solely, or 
even mainly, as a power of taxation, and it will be observed that we have 
been obliged to leave the classification of Federal and other public enter- 
prises open in our lists. 

It will be necessary to include in the constitution some provision in 
regard to taxts classified as Federal which, at the date of Federation, are 
already being levied by one or more of the Units. 

OTHER QUESTIONS 

It remains for us to consider a number of other questions referred 
to us. 

(i) Emergency Contributions 

We are asked to report 1 on the principle of allocation to be adopted for 
the contributions which it is contemplated may be called for from the Units 
by the Federation in an emergency. 

Three possible bases of allocation suggest themselves: (1) The revenue 
of the Units ; (2) their population ; and (3) a formula based upon a scientific 
survey of their relative taxable capacity. The most satisfactory permanent 
provision would obviously be the third; but, in the absence of some such 
survey undertaken in connection with a general census of production, the 
first appears to be the best solution. The revenue of each Unit would have 
to be determined on a comparable basis, and such a basis might be laid down 
by the Auditor-General. The application of this criterion would present 
no difficulty in the case of the Provinces. Any Units which are unable to 
present returns to the Federal Government on the lines laid down by the 
Auditor-General might be assessed on a population basis, the amount of the 
total contribution being divided for this purpose in proportion to population 
between these Units and those accepting the revenue basis. 
(!i) Grants from Federal Surpluses 

The recommendation of paragraph 14 of the Peel Report is that, in the 
event of the Federal Government's ultimately finding " that Federal revenues 
yield an apparently permanent surplus ", it should " be free, as a possible 
alternative to the reduction of taxation, to allocate the surplus proceeds 
to the constituent Units." It was thought desirable that " the constitution 
itself should lay down the proportions in which funds thus available should 
be divided among the Units." 

We suggest that, as the surplus would arise mainly from taxes on 
consumption, the distribution should be made on a population basis. It 
would, of course, be open to the Federal Government to distribute any 
part of -such a surplus for specific purposes on any basis which might be 
determined by the Federal Legislature. 
(Hi) Borrowing Powers 

The Peel Committee expressed the view in paragraph 22 of their Report 
that " there must apparently be a constitutional right in a Province to raise 
loans in India upon the security of its own revenues." We recognise the 
constitutional propriety of this proposition as well as 1 the political arguments 
in favour of it, but we are bound to point out its implications. It appears 
to involve vesting a Province with independent power to pledge provincial 
revenues which, as stated in the same paragraph of the Peel Report, form 
part of the security for the whole corpus of the Federal debt, and which, 
moreover, form the sole security for the loans made by the Federal 
Government to the Province itself. We attach particular importance to this 
latter point, for the obligations of the Provinces to the Provincial Loans 



FEDERAL FINANCE COMMITTEE REPORT. 111 

Fund have been treated in our Report, as in previous discussions on the 
subject, as assets covering an equivalent part of the pre-Federation debt 
The right of the Federal Government to call for contributions from the 
Units in case of emergency may perhaps afford some guarantee of the 
general Federal debt, as suggested by the Peel Committee, but it scarcely 
constitutes a sufficient guarantee of the debts owed by individual Provinces 
to the Federal Government itself. We feel, therefore, that it is difficult 
wholly to disregard the considered views of the Finance Department of the 
Government of India expressed in paragraph 42 (3) of the memorandum 
submitted to the last Session of the Round Table Conference. 

From the purely financial point of view it would, of course, be desirable 
that, so long as the security for the pre-Federation debt includes the 
revenues of the Provinces, the latter should only be allowed to borrow with 
the consent of the Federal Government; but, if this limitation of Provincial 
Autonomy is regarded as politically inexpedient, we suggest that a middle 
course, based on the distinction between the general debt of the Federal 
Government and loans made to the Units by the Federal Government, might 
provide a suitable compromise. We presume that all Units will have a 
general right to apply to the Federal Government, as the Provincial Govern- 
ments now apply to the Government of India, for the loans they require, 
subject to the Federal Government's being satisfied that they are able to 
offer adequate security for such loans; and in that case the present Pro- 
vincial Loans Fund will become a Federal Loans Fund. This being so, we 
suggest that the Government of every Federal Unit should have the right 
of independent borrowing recommended by the Peel Committee, subject to 
a general obligation to give the Federal Government notice of its intention 
and an opportunity to offer advice. We doubt whether the power of 
control, suggested by the Peel Committee, over the time at which a Unit 
may issue a loan, could be expressed in the constitution in any more definite 
form than this. Jf, however, a Federal Unit has loans outstanding with 
the Federal Government (whether or not such loans were raised before the 
date of federation), its right of independent borrowing should be regarded 
as in abeyance, and it should be obliged* to obtain the consent of the Federal 
Government for any further loan which it desires to raise. 

As regards the machinery required to carry out these principles, we 
think that preliminary consultation between the Units participating in the 
Federal Loans Fund will be desirable for the purpose of avoiding excessive 
and conflicting application to the Federal Government for loans; and, if an 
Inter-State Council be set up for the purpose of securing co-ordination in 
certain fields of administration, this body might usefully be employed for 
that object. Such a body, however, should riot have the right to consider 
applications for loans on behalf of the Federal Government; still less could 
it be the authority for raising loans. It seems clear that only the Federal 
Government can have authority to raise or make loans In raising loans, 
it will no doubt take such expert advice as may seem to it useful in the 
particular -circumstances. In making loans to the Federal Units, however, 
we think it should be required to follow a definite procedure. All applica- 
tions for such loans should be referred by it to a body of Loan Com- 
missioners. This, we consider, should be an expert and impartial, not a 
representative, body. Apart from other considerations, some Provincial 
Governments at any rate would certainly be unwilling that their applications 
should be considered by representatives of other Provinces, and State 
Governments may be expected to feel at least an equal reluctance. Appli- 
cations from Units having loans outstanding from the Federal Loans Fund 



232 T H fi 1 M D 1 A*>N fc E G O R D fe R. 

for consent to independent borrowing should also be referred to these Com- 
missioners. The decision om all applications should, however, rest with the 
Federal Government itself, which should have full discretion, to fix the terms 
of any loan it may grant to a Unit and to attach such conditions as it may 
think fit. It should also have the right to attach conditions to any consent 
it may give to independent borrowing by any Unit. 
(iv) Immunity of Federal Property 

The Peel Committee agreed in principle to the proposition that no form 
of the taxation should be levied by any Unit of the Federation on the 
property of the Federal Government, but felt some difficulty as to the precise 
form in which such an immunity could be expressed in the constitution. 
These, of course, are matters for a constitutional lawyer and, as such, hardly 
fall within our competence. We would observe, however, that no difficulty 
appears to have been experienced in other federations, as is shown, for 
example, by Article 125 of the British North America Act (1), Article 114 
of the Commonwealth of Australia Act (2), and Article 10 of the Constitution 
of Brazil (3).* This being the case, we doubt whether anything more was 
necessary than a general provision in the constitution, and we also doubt 
whether a distinction between provincial and municipal taxation, even if it 
were practicable, would be appropriate to a federal constitution. The exact 
application of the principle can, we think, be left to the judgment of the 
Federal Government itself. We suggest, therefore, that the wording of the 
constitutional clause should be on the following lines : 

"No property belonging to the Federal Government shall be liable to 
taxation without the consent of that Government." 

* (1) British North America Act, Article 125 : 

No Lands or Property belonging to Canada or any Province shall be liable 
to Taxation. 

(2) Commonwealth of Australia Constitution Act, Article 114: 

A State shall not, without the consent of the Parliament of the Common- 
wealth, raise or maintain any naval or military force, or impose any 
tax on property of any kind belonging to the Commonwealth, nor shall 
the Commonwealth impose any tax on property ofi any kind belonging 
to a State, 

(3) Constitution of the United States of Brazil, Article 10: 

The States are prohibited from taxing Federal property and revenues or 
services undertaken on account of the Union, and vice versa. 



INDIAN FEDERATION 



PRINCES AND FEDERATION 

QUESTION OF SAFEGUARDS 

THE question of joining an All-India Federation had been engaging the 
anxious attention of the Indian States since the first session of the 
Round Table Conference when the Princes pronounced sympathy for parti- 
cipating in the Indian Federation. It was also soon perceived that this 
decision did not meet the assent of all the Princes. A number of informal 
meetings were convened at Delhi towards the end of March, 1932 to chalk 
out a programme of action for the future. 'After a good deal of delibera- 
tions an agreement was reached in favour of participation in an All-India 
Federation subject to certain guarantees. This was embodied in the shape 
of a resolution to be moved in tfie Chamber of Princes on April 1, 1932. 

DEMAND FOR SAFEGUARDS 

The resolution* which was passed unanimously in the Chamber of 
Princes on April 1, 1932 ran thus: 

This Chamber declares that the States will join an All-India Federation on the 
assumption that the Crown will accept the responsibility for securing to them the follow- 
ing guarantees: 

(a) that the necessary safeguards will be embodied in the constitution ; 

(b) that under the constitution their rights arising from the treaties or sanads 
or engagements remain inviolate and inviolable; 

(c) that the sovereignty and internal independence of the States remain intact 
and are preserved and fully respected and that the obligations of the Crown 
to the States remain unaltered. 

To secure this end, the Chamber authorises its representatives further to carry 
on negotiations in accordance with the mandate given to them at informal meetings 
of the Princes and retains the right to examine the whole constitution in its completed 
form and draft bill before the final ratification by the Chamber and by each individual 
States. 

*The " Economist ", commenting upon the resolutions adopted by the 
Chamber of Princes, wrote : 

The States have now definitely pledged themselves to federation as a body. At 
the same time, the conditions and guarantees, as re-stated, are uncompromising and 
comprehensive. If the States were really to stand on the letter of these conditions in 
perpetuity, the All-India Federation of the future might find its life and growth and 
movement seriously cramped; but perhaps this is not a vcrv formidable practical danger. 
The great thing is that the Princes should have made up their minds definitely to, enter 
the Federation. The histories of other federations show that, at the moment of taking 
the decision to merge their separate existences in a larger whole, the federating States 
are apt to insist upon their State Tights very jealously; but that in process of time 
the logic of facts impels them to modify and even waive thesd jealously preserved rights 
of their own volition. For a Federal Union, once successfully established, becomes a 
living thing in itself, which changes and grows and carries its parts and organs along 
in the movement of its own life. ' Thus, on a long view, the Indian Princes' resolution, 
taken as a whole, is not unsatisfactory, while, on a short view,, it is highly opportune as 
a fresh practical step towards the. goal of Indian self-government. It is particularly 
important, of course, that as many such steps as possible should be taken at a time 
when the Government of India is having, unfortunately, to .pursue a dual policy of 
simultaneous constitutional advance and administrative repression. 

30 



#4 THE INDIAN RECORDER. 

ATTITUDE OF THE PRINCES ON PROPOSED SAFEGUARDS 

The debate, in the Chamber of Princes on April 1, 1932 shows the atti- 
tude of the princes towards the problem of federation and is briefly dealt 
with below; 

In moving the resolution above referred to, Nawab of Bhopal, Chancellor of the 
Chamber of Princes, said : 

"The recommendations of the Simon Commission had gone some way, though 
not far enough, to remedy the principal defect of the Act of 1919. For a matter of 
50 years, from 1&60 onwards, the British Government has developed their British Indian 
possession. This economic development has tended to overshadow the political obligation. 
We protested, often mildly, sometimes, from sheer anguish, loudly, but our protests 
were all against the infringement of one part only of our rights, namely, political. In 
our ignorance we did not then realise how our fiscal and financial rights had at the 
same time been adversely affected. In 1917 we urged 1 that we must have an opportunity 
of discussing matters which touched our vital interests. The end of another decade 
found our position even worse than before, and we succeeded td the extent of obtaining 
an investigation. These led to the formulation of certain dicta which we were unable 
to accept. 

My review of the past is not being made in any unfriendly spirit but rather to 
show how the present position ha,s been reached. Your Highnesses are aware of the 
reassuring attitude of the Viceroy. For my part, the conviction has been borne in 
upon me that, whatever may have happened in the past, in the immediate future a 
new chapter in the history of the States is going to be written and they can safely 
believe that in the future they will be immune from any encroachment upon their treaty 
rights and that their economic interests will be fully safeguarded. In the main the 
position that has been created as the result of the Round Table Conference is as 
follows : 

Our dynastic matters must remain the care of the Crown; our internal affairs 
must remain beyond interference from any quarter; our treaties, engagements and 
sanads must be literally respected and there must be other necessary safeguards embodied 
in the constitution. 

Given these guarantees, we shall, for matters agreed to be of common concern, 
join the all-India constitution in the confident belief that this association with British 
India will be worked for common benefit; that each party will receive broad justice 
from the other and that there will be utter absence of mutual nagging and carping 
criticism. 

It is natural that when dealing with a question of such magnitude, Your Highnesses 
should have some anxiety. Personally, I am convinced that, with the necessary 
guarantees secured, an all-India federation will be entirely to our advantage. Even 
the House of Lords has endorsed the policy of an All-India Federation and, as 
the Crown has interests in India, it is not to be supposed it will sanction a constitution 
which would imperil its own interests and those of its friends and allies." 

The MAHARAJA OF PATIALA emphasised the need for stable elements both 
in British India and Indian States joining to make a success of the Federation, but he 
said, one of the necessary conditions, was that the Crown must be capable of discharging 
its obligations to the Princes under the treaties. He appealed to the public and the 
press to create} the right atmosphere. 

The MAHARAJA OF ALWAR said, whether Indian States wanted federation or 
not* when the British Government said they would not give responsibility to the centre 
unless the States came into the federation, 'it was up to the States to join and not be 
made a target of criticism that they stood in the way of British India's advance. More- 
over, by the resolution they committed themselves to nothing beyond recall. 

The following Princes supported the resolution: Kapurthala, Rewa, Sangli, Sarguja 
and Korea. 

The MAHARAJA OF BIKANER wound up the discussion and assured that 
nothing had been settled about the proportion of representation and that, as paramountcy 
was on its way to a reasonable and equitable settlement, the task of the Princes entering 
the federation /should be facilitated. He was sure that they all felt proud to make a 
contrflbatipn to the glory of the Empire. 

EXAMINATION OF CLAIMS OF PRINCES 

The decisions? arrived at Delhi created considerable doubts and specula- 
tions among the Princes, specially those who were not represented on the 
Chamber of Princes, His Jlighness the Maharaja of Patiala, with the sup- 



PRINCES ANTD FEDERATION. 215 

port of the Ruler of Jhalawar, suggested to the Chancellor of the Chamber 
of Princes that the safeguards and provisions approved by the Princes as 
a condition precedent to their joining the All-India Federation should be 
officially placed in the hands of the Viceroy for communication to His 
Majesty's Government and that negotiations should be opened early on 
those lines with the British Indian representatives so that all might know 
the conditions on which the Princes provisionally agreed to support an 
All-India Federation, subject to a completed picture and the draft 'Bill 
being acceptable to them. They proposed that an official communica- 
tion regarding the Delhi decisions be sent by the Chancellor to all the 
States to apprise them of the position and to eleminate all unnecessary 
misunderstandings. They further suggested that the examination of the 
pending claims of certain States for full membership of the Chamber of 
Princes might be expedited, so that their position might be cleared before 
the question of Federal representation was settled. 

PRINCES' MEETINGS IN BOMBAY 

Accordingly, with a view to afford an opportunity to the Princes who 
could not attend the last session of the Chamber of Princes to discuss the 
scheme in all its bearings a further series of informal meetings were con- 
vened early in May in Bombay." Enlightening the States as to the implica- 
tions of the decision arrived at in Delhi was also the object of the meetings. 
The Indian States Delegation to the Round Table Conference also met in 
Bombay at that time (May 9, 10 and 11), the object of the meetings being to 
consider the question of giving a mandate to the Princes' delegation at the 
Round Table Conference and various other matters relating to Indian cons- 
titution. Discussions were also made regarding various questions that were 
likely to come up for consideration before the Consultative Committee. 

Joint Statement of Jaipur, Jo^hpur and Udaipur States 

The following statement was made at the meetings on behalf of ^ the 
States of Udaipur, Jaipur and Jodhpur to define the views of their High- 
nesses in regard to the resolution passed at the informal meeting on 27th 
March to the effect that a fifty-fifty representation in the legislature was 
to be regarded as a sine qua non before the States would agree to enter the 
federation. The statement ran as follows: 

"Although we consider a unicameral legislature undoubtedly would be the best 
in the interests of the States provided a fifty-fifty representation therein were secured 
to them, we nevertheless recognise that this may not prove to be practicable, and in 
that event we are prepared to agree to a bicameral legislature. We certainly consider 
that the States ought to be given a fifty-fifty representation in the Upper House of 
the bicameral legislature but would not necessarily refuse to enter the federation if 
we failed to secure this proportion provided that representation did not fall below a 
minimum of eighty seats for th'e Indian States to 120 foi* British India. As regards 
the Lower House,* we consider that it would be satisfactory if a thirty-three and one- 
third per cent, representation were given to Indian States. Wr consider that a small 
house proposed by the R. T. C. have their advantages but would suggest the Upper 
House being somewhat enlarged to provide further representation for the smaller States. 
In either case, however, we consider it essential that the more important States should 
be given to greater representation than the smaller States in the Upper House and that 
representation in the Lower House should be based on population. It is apparent, from 
the discussions that have taken place, that it is not possible for the States to arrive 
at a unanimous agreement on the allocation of seats inter se and we consider that in 
the circumstances the only possible solution is to leave this matter to be settled by an 
impartial committee appointed by the Crown, whose decision we would be prepared to 
accept. Our entry in the federation on these lines would, however, still be contingent 
on safeguards and guarantees as finally drafted for inclusion in the constitution being 
found adequate." 



2*6 'Tft'B itfDI AN 'RECORDER. 

OFFICIAL STATEMENT ON PROCEEDINGS OF THE MEETINGS 

The following official statement issued by the Secretary to His Highness 
the Chancellor of the Chamber of Princes summarised the proceedings of the 
meetings : 

The meetings of the Princes and Ministers, which had been continuously held 
in Bombay since May 6, concluded on May 12 with another meeting of the Princes 
Standing Committee. The total number of States represented was over forty. j 

Contrary to what has been suggested in certain quarters the discussions held in 
Bombay revealed that there was no desire, much less any proposal, or! the part of 
anyone to go back on the Delhi decisions; on the other hand there was a keen desire 
on the part of the States to secure a strong and yet larger adherence to the plan of 
federation asj accepted at the informal Conference. 

For the preservation (and safety of the States and the maintenance intact of their 
sovereignty and internal autonomy it has all along been held that the two essential 
factors now outstanding, which are of the utmost importance to the States, and which 
will clearly prove to be the determining factors in the decision of the great majority 
of the States about entering the Federation, are: 

(1) the essential safeguards and adequate guarantees and assurances to be given 
by the Crown by means of supplementary Treaties, and stressed by Conventions, and 
due provisions in the Federal Constitution itself in regard to constitutional and political 
and fiscal and financial matters, including matters relating to the Federal Court. 

(2) the representation of the States in the Federal Legislature, with particular 
reference to the -allocation of seats amongst the States inter se. 

The united sense of the meeting was that the safeguards and guarantees proposed 
in Delhi were adequate. 

Question of Scats 

As regards representation, it was strongly felt that eighty seats for the Upper 
Federal Chamber, recommended in the report of the Federal Structure Committee, would, 
in no sense, be found sufficient in view of the importance of the States as a body and 
for the purpose of providing their due and adequate representation, for which purpose 
the meeting fully endorsed the demand put forward by the majority of the Indian 
States Delegation for 125 seats being reserved for the States. 

Representation of Smaller States 

With still greater emphasis, insistence and unanimity, which was not confined only 
to the small States but also included several important States, the Bombay meeting sup- 
ported the decision arrived at bv Their Highnesses in Delhi for equal individual repre- 
sentation in the Upper Federal House, i.e., one vote fon each State which is a Member 
of the Chamber of Princes in its own right and such additional States as may be 
found qualified under the existing tests for admission to such membership; leaving a 
sufficient margin for the collective reoresentation of the other States and lesser units 
of Indian States territories which are not members of the. Chamber. 

This subiect occupied the greater part pf the time and attention of the Conference 
in Bombay. Plural representation did not find favour amongst the members present. 
Opposition To Classification 

Whilst it was realised that therp must necessarily be degrees of importance, the 

Bombay discussions revealed strong opposition to. and resentment at, certain attempts 

..to make distinctions and? to derogate from the Sovereignty and detract from the dignity 

And status and the. relative, importance of the State* by classifying them as important, 

medium, smaller and smallest States. 

Commenting on the proceedings of the informal meetings of the Princes, 
the "Bombay Chronicle" wrote: 

Though the Princes have not precisely stated their demands in an authoritative 
manner, it is an open secret that they are trying to have it both ways, to part with 
little or no power and to g"et as much additional power las possible; to surrender little 
or no sovereignty to the Federal State and to demand a dominant position in the Fede- 
ral Legislature, about SO per cent, representation in the Upper Chamber and about 40 per 
cent, in the Lower. As regards their powers of internal administration, too, while they 
say nothing of the constitutional rights of the States people, they wish to perpetuate, 
their autocracy by buttressing old treaties that have grown rickety, with a fresh consti- 
tution recognising their undisputed and full internal sovereignty. 



PRINCES AND FEDERATION. 237 

Unicameral vs. Bicameral Federal Legislature 

His Highness the Ruler of Bhopal, the late Chancellor of the Chamber of 
Princes, had already officially contradicted the incorrect and unauthorised report after 
the last session of the Chamber of Princes in Delhi to the effect that the Princes had 
appointed an 'fed hoc" Committee* to go into the question of a unicameral versus bica- 
meral Federal Legislature. Although, in view of some States favouring a unicameral 
Legislature, this question was left' open in Delhi for decision at a later stage, i.e., when 
the Scheme in its final shape came up before the Princes, the views expressed in 
Bombay revealed yet larger adherence than at Delhi to the proposed bicameral legisla- 
ture. 

Extent of Adhesion 

An interesting discussion also took place as to what minimum extent must the 
adherence of Indian States be secured in order to justify the initiation of a Federal 
Constitution. The figure of 51 per cent, of the population of the entire States advocated 
in London by one or two/ Ministers was, as was stated in the Sankey Committee, not ac- 
ceptable since it would mean acceptance only by first eight States according to popu- 
lation, plus, any other single State with a population of about a million. This, it was 
held, could not be taken as a full representation or sufficient or effective participation 
of the States, and that tool at? a reasonably early date, which was one of the basic condi- 
tions 1 underlying the new Constitution. 

After considering various alternatives, as it was no less important to satisfy, and, 
as emphasised in paragraph 24 of thef last Sankey Report, " so far as may prove possible, 
the* claims of the small States, than to provide adequate representation of those which 
cover large areas," a formula was put forward, which found general favour, viz., that 
adhesion should be secured of over 51 per centji of the States who are members of the 
Chamber of Princes in tlieir own right and whose population is over Si per cent, of the 
aggregate population of the Tndjan States. This question will be taken up further bv 
His Highness the Chancellor and the Standing Committee, as also the Indian States 
Delegation at the right time. 

VIEWS OF SMALLER STATES 

The opinion of the smaller States, who are not permanent members 
of the Chamber of Princes, on the Bombay deliberations was voiced by the 
Raja of Sarila who represented the smallest states on the Round Table 
Conference. He regretted that, on the question of representation of the 
States in the Federal Legislature, the views expressed at the meeting con- 
flicted with those of some of the biggest States, as also of those that were 
not permanent members of the Chamber of Princes. He further said: 

The attitude of the latter class of States has all along been opposed to the 
adoption of membership of the Chamber of Princes as a criterion for the representation 
of any State in the Federal Legislature. The idea of equal individual representation of 
the States which are permanent members of the Chamber can not reasonably be ex- 
pected to find favour either with those States which are as large as some of the British 
Indian provinces or with those others, which, though not permanent members of the 
Chamber, are much larger, and no less important, than many States enjoying permanent 
membership. 

DISTRIBUTION OF SEATS 

Sir Mirza Ismail, the Dewan of Mysore and delegate to the Round 
Table Conference, thought that, considering the conflicting interests of 
the States varying greatly in size and importance, the search for an agreed 
solution of the/ distribution of seats among the States in the legislatures was 
foredoomed to failure. In his opinion, the easiest and simplest way was to 
refer the matter to an independent and impartial committee as the Indian 
States Inquiry Committee. 



COMMUNAL 



COMMUNAL PROBLEMS 

HINDU-MOSLEM COMMUNAL TANGLE 

THE communal problem overshadowed Indian politics during the quarter 
ended June, 1932. The long-delayed communal award of the Premier 
encouraged the exaggerated assertion of communalism in the hope that 
greater concessions might be won. 

The All-India Moslem Conference, held at Lahore on March 21 and 22, 
1932 under the chairmanship of ,,Sir Muhammad Iqbal, passed a number of re- 
solutions reiterating the various Muslim demands, already adumbrated and 
embodying fresh ones in the shapei of not less than' 33 per cent share in the 
All-India services and statutory governing bodies and not less than SO per 
cent share in the commissioned and non-commissioned ranks of the army. 
The Conference also decided to withhold co-operation from the Round 
Table Committees if Government's decision satisfying Muslim demands were 
not forthcoming by June 3, 1932. 

HINDU M. L. A'S. MANIFESTO 

Following the Conference, 46 Hindu members of the Central Legislature 
held a meeting on March 31, 1932 in New Delhi to discuss the situation 
arising out of the Lahore resolutions and issued the following manifesto : 

Fresh Moslem Demands 

The communal problem, already sufficiently complex, has been made still more com- 
plicated and practically impossible of solution by agreement on account of the fresh 
developments arising out of the All-Parties Moslem Conference held the other day at 
Lahore. It is now openly preached that they have no faith in Nationalism and that senti- 
ments of patriotism do not count. 

Moslem communalism has now reached the climax. Their demands are now ex- 
panded and the full list now includes separate electorates, separate representation, sta- 
tutory majority, preferential weightage, special representation in all branches of the 
public services, Imperial, provincial, local and in railways, 50 per cent of Army officers 
and reserved representation even in all statutory self -governing ^ bodies and in local 
bodies and reservation of seats in public and aided schools. There is also now a new pro- 
posal to enforce these demands by non-co-operation and direct action. 

Conflict of Hindu and Moslem Views 

Moslems have from the start adhered to their fourteen points and have been 
adding to them, instead of yielding any point for the sake of compromise. Their stand- 
ing description of HiAdus is that they are the majority community and, of themselves, 
that they are the minority community, needing all protection. Yet all over Northern 
India, from Karachi to Delhi, they are in the majority and so also in Bengal. Thev 
complain that the Hindu majority are not considerate towards the Moslem minority and 
yet where they are in the majority, as in the Punjab and in Bengal, they insist upon 
securing that majority by statute; where they are in a minority, they claim weightage and 
favoured representation, while they deny the same to Sikhs and other minorities. And 
they now intend to extend this communalism from the 1 Legislature to the administration 
and public services and even to local bodies, the Army and railways. 
Hindu Points of View 

What, in these circumstances, should be the position of the Hindus and, indeed, 
of all nationalist Indians? Hindus stand for pure and genuine democracy, undefiled by 



COMMON A' L PROBLEMS. 239 

devices of" communal electorates and representation for which there is no precedent or 
parallel in any civilized State in the world. 

Besides, separate representation will also involve the very difficult question of the 
quantum of such representation to be given to each community. The question will 
arise : How will ' it be determined ? Obviously, justice demands, that the contributions of 
a community to the coffers of the State should be the determining factor. And, further, 
India has been promised by Pjarliament the immediate, grant of responsible Government 
and, therefore, no system of franchise is admissible which is incompatible with the con- 
stitution promised, viz., grouping of voters on non-civic principles in separate water- 
tight or community-tight compartments as the Prime Minister has aptly called them. 
Communal electorates and representation will give to India only a form of communal 
government and tyranny and not a democratic or Dominion constitution which she has 
been striving and suffering to achieve and England is pledged to grant. 

Nationalist India holds the Prime Minister to his famous speech of January, 1931, 
in the House of Commons, where he emphatically condemned communal electorates and 
all its offshoots. Similarly it holds the British Government and the Government of 
India to the minorities* guarantee treaties by which they are already bound as members* 
of the League of Nations. 

We, therefore, hope that the Government of India and His Majesty's Government 
will not ignore these international instruments of public peace, the minorities' guarantee 
treaties and stipulations of the League of Nations providing the only solution which is 
consistent and N compatible with the constitution that India is out to achieve and England 
h pledged to grant." 

PUNJAB HINDU SABHA'S MANIFESTO 

The Punjab Hindu Sabha issued the following manifesto on April 23, 
1932: 
Opposition to Statutory Majority 

The Hindu community of the Punjab has been viewing with alarm the campaign 
launched by the Muslim leaders of the Punjab for the purpose of securing for the Mus- 
lims a statutory majority which means that in the Punjab and Bengal legitimate weight- 
age to other minorities may be denied. In their latest manifesto, the Muslim leaders of 
the Punjab say that it is"more than ever impossible for Muslims to accept any constitu- 
tional arrangement" which "deprives them of the essential safeguard of an absolute Mus- 
lim majority in the Punjab and Bengal." Each Province has its own majorities and 
minorities. Safeguard for majorities is an unreasonable demand, unheard of in any part 
of the civilised world and unknown to any democratic constitution. The position claimed 
by the Muslim leaders is one of weightage and favoured representation for the Muslim 
wherever they are in a majority and also at the centre, but denial of the same weightage 
to other minorities in the Punjab and Bengal. When they demand weightage for their 
own Muslim minorities, how in the name of common sense, logic and fairness the authors 
of the Muslim manifesto can insist at the same time on "an assured majority" by statute 
for their community in Bengal and the Punjab passes one's understanding. 

The characterisation of the correct and just attitude adopted by the Hindu and the 
Sikh representatives at the R. T. C. as " queer ", "verbal jugglery," etc. clearly indicates 
that the exponents of the amazing doctrine of statutory majority lack argument, fair play 
and reason, and hope to gain their object by vehement misrepresentation. The Hindus 
and the Sikhs ard accused of having given "all sorts of threats" to the Government. This 
is, of course, untrue. The Hindus are entirely on the defensive. Threats and intimida- 
tions have emanated only from the Muslims who have taken the offensive. They say 
they will non-co-operate with the Legislatures} if the majority community in the Punjab 
and Bengal is denied a statutory majority by withholding legitimate weightage to other 
minorities which is a constitutional absurdity. We sincerely trust that His Majesty's 
Government will not depart from thq spirit of the Prime Minister's speech in the House 
oi| Commons in January last year in which he condemned communal electorates. Any 
yielding by His Majesty's Government to the preposterous demands of the Punjab and 
Bengal Muslimsi will meet with the united opposition of large sections of the Hindu and 
the Sikh communities which have not identified themselves either with the Congress of 
with the civil disobedience movement. We sincerely hope and trust that His Majestv*s 
Government will not estrange the Hindus and' the Sikhs. 
Resolutions 

The following resolutions were passed by the Hindu Sabha: 

1. In view of the threats issued? by the Muslims of the Punjab in conferences and 
manifestos that they will non-co-operate with any and every constitution which will no* 
grant them a statutory majority in the provincial legislature, this meeting of the Punjab 



2*0 THE INDIAN; R.BCORD&R. 

.Hindu Sabha desires to inform His Majesty's Government that any yielding under 
threats to* the Muslim demands will prevent a just and fair treatment of minorities an 
will, therefore, meet with the opposition of the Hindus and the Sikhs. 

2. This meeting is further of opinion that no constitution will be acceptable to the 
Hindu community which reduces its existing representation in the Provincial Legislatures 

3. This meeting' places on record that it is opposed to the grant of provincial auto- 
nomy without simultaneous central responsibility and is of opinion that the question of 
residuary control being vested at the centre or in the provinces should be decided in ac- 
cordance with the best canons of administration. 

4. This meeting re-affirms the faith of the Hindu community that communalism 
should not be introduced in the services or other spheres of administration. Such a 
course noj only perpetuates divisions but is harmful to the efficiency of the services. 

5. This meeting appoints the following seven representatives of the Hindu com* 
munity to seek an interview with His Highness and the Prime Minister of Kashmir and 
place before them the case of the Hindu minorities wha have suffered during, and since 
the last Muslim rebellion in Kashmir: Dr. Moonje; R. B. Ram Saran Dass, C.I.K., 
Dewan Bahadur Raja Narendra Nath, M.L.C., Bhai Parmanand, M.L.A.; Mr. Ranpa 
Iyer, M.L.A.; R. B. Sewak Ram, M.L.C; and Mr. M. L. Puri, M.L.C 

BENGAL HINQUS ON MOSLEM DEMANDS 

The following manifesto signed by many members of the Bengal Legis- 
lative Council, Bengal members, in the Assembly and prominent members of 
the Provincial Hindu Sabha was issued on April 24, 1932: 

The Claims 

It is much to be regretted that communal differences, could not be composed in 
India and a solution is to be found by the British Cabinet. It is- probably in view of this 
that the Moslem communalists have? recently stiffened their demands which now include 
not only separate electorates and separate representation and preferential weightage but 
statutory majorities in Bengal and the Punjab, where they form the majority of the 
population; special representation in the Public services, Imperial, Provincial, Local and 
Railways ; SO per cent, of the army officers ; reserved representation even in statutory self- 
governing bodies, such as Municipalities and District and Local Boards ; and reservation 
of seats in public and aided schools. 

These demands, if conceded, will mean the negation of democracy and representa- 
tive government in India. We maintain that the claims of the Bengal Mussalmans are 
anti-national, selfish and not based on any principles of , equity or justice. The claim foi 
a statutory majority in Bengal, it conceded, will keep the Hindus in a perpetual state of 
inferiority and impotence and really aims at a form of communal government and 
tyranny. The statutory protection of a majority/ community is without precedent in any 
constitution in the world. 

Bat it of the Claims 

The basis, of their claims is their alleged political importance, and (in Bengal) their 
superiority in numbers, and the difficulty which they apprehend they will experience in 
securing adequate representation without special protection. 

Claims for Special Political Importance 

We say that the Moslems of Bengal cannot claim any special political import- 
ance, as they are of the same race as the Hindus, and, unlike the Moslems of some 
other provinces, they have never served as soldiers or done anything for the defence of 
the Empire, while the superiority of the Hindu community in educational qualifications 
and political fitness, their contribution to the growth of civic and political institutions 
and the record of their past services to the State in every branch of the administration 
are too well-known to need recapitulation. The achievements of the Hindu Bengalis 
stand foremost in the whole of India in the fields of Art, Literature and Science, whereas 
the Moslem community in Bengal has not so far produced a single name of all-India 
fame in these fields. Even in the learned professions, such as Law, Medicine and Engi- 
neering, the performance of this community has' been\ disappointing. Political fitness can 
not be divorced from the larger intellectual life of the Nation and, in political fitness, the 
Mussalmans of Bengal are vastly inferior to the Hindus. Even if we leave aside the more 
responsible offices of the State, it is an admitted fact that, in spite of specially lowered 
qualifying tests, the Government have found difficulty in recruiting for their ministerial 
and subordinate services from the Moslem community. 



COMMUNA'L 'PROBLEMS AD 

Claims for Superiority in Number ; * - 

Their claim for a predominant position " in the future constitution solely OB 
the ground of their growing numbers will not bear scrutiny. It is a fact that backward 
communities all over the world increase faster than communities .comparatively niorc 
advanced, socially, economically and intellectually. The Hindus are noi doubt a minority 
i'n Bengal, as at present constituted, but we cannot lose sight of the fact that many' Ben* 
galee speaking districts with a predominantly Hindu* population, now included in the 
Provinces of Bihar and Assam, muslv come to Bengal, when the Province is, as it must 
be, reconstituted on linguistic and ethnical basis, ft is also a fact, as disclosed by the 
census figures, that the Moslem majority is constituted mainly by children and by women 
who live segregated from' the national life behind the Purdah. So far as the adult popu- 
lation is concerned, the Hindus are in a majoritj'. Thus the Hindu minority in Bengal 
is more artificial than real. ' ' 

Apprehension of the Moslems Absurd 

Their apprehensions of not being able to secure adequate representation in 
spite of their superiority in numbers is really tantamount to an admission of their political 
unfitness, and to claim political predominance in the future constitution on the basis' of 
present political backwardness, is illogical and absurd. It is the Hindus of Bengal who 
have always taken the leading part in the struggle for freedom and now that the priceless 
privilege of self-government is within our grasp, we cannot permit Mussalman commu- 
nalists (whose contribution iu the national struggle has been negligible) so to maim and 
deform the scheme of government as to make it unrecognisable as a democratic consti- 
tution. 
Importance of Joint Electorate 

Although a minority community, we do not claim any special privileges or protec- 
tion. While we fully realise the supreme importance of peace and good-will between the 
two communities, we are firmly convinced that this pence can never be attained till the 
vicious system of special electorates, which, in working, has been found to be disastrous 
to the public peace and to the growth of national solidarity in Bengal, is done away 
with and replaced by joint and national electorates. If the present communal electorates 
are continued they will poison the national life of Bengal and divide the two commu- 
nities into warring camps. A very large section of progressive Mahomedans have 
already realised this danger and are now in favour of joint electorates. In our opinion 
a return to joint electorates is a sine qua non to any scheme of political advance* as 
the grouping of voters in separate water-tight compartments on non-civic? principles sins 
against the cardinal principle's of democracy and renders the growth of parliamentary 
institutions on party lines difficult, if not impossible, of attainment. 

Opposition to Statutory Majority 

We are, however, with a view to allaying reasonable apprehensions of our Moslem 
brothers, not opposed to. a reservation of seats for either community, but we can never 
consent to a modification of the existing allocation of seats under the Lucknow Pact 
(which after full consideration of all conflicting issues received the assert of both the 
communities) unless: separate electorates are abolished. On na consideration, whatsoever, 
shall we agree to a statutory majority for either community. 

Opposed as we are to the continuance of separate electorates for the Provincial 
Council, we view witb alarm the attempt of Moslem communal! sts to introduce the same 
vicious principle of communalism into self-governing local bodies and thus throttle the 
budding life of these institutions to which the stimulus of free emulation for brotherly 
service to the public has onty recently given birth. , > 

Communal Principles in Educational Institutions 

While favouring that every iust encouragement be give'n to Moslem t Education 
by special endowments, scholarships etc.. we view with alarm and apprehensions the 
attempt of the Moslem communialists to invade the sacred precincts of learning with 
their separatist and communal claims, and we are firmly opposed to the adoption of 
communal principles, in any form, in any educational institutions from the University to 
the, village school. 

We conclude by reiterating that while we fully realise the importance of harmo- 
nious relations between the two communities for the successful working of the future 
constitution, we are firmly of opinion that this concord can only be. based on equity 
and justice and ought not to be purchased by conceding dominance to- one community 
over the other, thus spelling disaster to the nation as a whole. 
The Signatories 
r,. . The following were the signatories to the manifesto: r 

31 



141 THE INDIAN fttfC ORDER. 

Ramananda Chatterjee; Hirendra Nath Datta ; < Nilratan Sircar, <MX.C); &i* 
Chandra Nandy, Maharaja of Cossimbazar ; PrafuUa Math Ta^ore, Zemindar; N, *C 
Basu, M.L.C.; J. N,. Gupta, M.L.C; B. C Chatterjee, MX.C; Sfayama Prasa4 Mukh 
M.L.C; S. M. Bose, M.L.C; B, K. Basu, M.C.S.; C. C. Biswas, M.L.A.; Satyendra 
Sen. M.L.A.; Kumar Sarat Kumar Roy, M.L.C.; N. C. Sen-Gupta, M.L.C.; Sat 
Nath Roy, M.L.C.; Jitendra Lai Banerjee, M.L.C.; P. Banerjee, M.L.C.; Haridhan 
M.L.C; Gokul Chandra Bural, M.L.C; Kishori Mohan Choudhury. M.L.C; Sarat Chandra 
Mitra, M.L.C; Kshetra Mohan Roy, M.L.C,; Jitendra Nath Roy, M.L.C; Atahavtt 
Kumar Sen, M.L.C.; Amarendra Nath Pal Clioudhury, Zemindar; R. Haiti, MX.C.g 
Sarat Chandra Mukherjee, M.L.C.; Suklal Nag, M.L.C; Munindra Debrai Mahasfti. 
M.L.C.; Hanuman Prasad Poddar, M.L.C; Prafulta Kumar Guha, M.L.C.; Sati*h Chandra 
Roy Choudhury, M.L.C.; Jogendra Nath Choudhury, M.L.C.; Amuiya Ratan Ghosh, 
M.L.C.; Haribansa Roy, M.L.C,; Padamraj Jain. 

REPLY TO MOSLEM CRITICS 

The issue of the manifesto was resented in Moslem quarters. The 
* Mussalman ' thought that it was calculated to cause estrangement of feeling 
between Hindus and Mussalmans. Mr. A. K. Fazlul Huq took offence at 
the strong opposition made in the manifesto to 'the creation of a statutory 
majority for the Muslims in Bengal. Messrs. Nuruddin Ahmed and Sham- 
suddin Ahmed also joined in the protest. A reply to the Muslim criticism 
was given by Mr. Ramananda Chatterjee, a prominent signatory to the 
manifesto. Some extracts from the reply follow: 

Mr. Chatterjee'* Reply 

I regret that it should have been necessary to issue the manifesto. But it was 
issued neither thoughtlessly, nor owing to an exuberance of communal feeling, nor to 
cause estrangement of feeling, but, as was stated in the manifesto itself, because, in view 
of the expected solution of the communal problem by the British cabinet, "the Moslem 
comtnunalists have recently stiffened their demands" and it was felt necessary that the 
Hindu view should be known at this juncture. The Muslim journal says that " the 
Muslim demands referred to in the Hindu manifesto are not the demands of the entire 
Muslim community." The signatories to the manifesto w.ere aware of this fact, as their 
above-quoted words ("the Moslem communaiipts have stiffened their demands") show; 
they nowhere say that the Muslim demands they have criticized have emanated from 
the entire Muhammadan community; on the contrary, the manifesto plainly states: 
"A very large section of progressive Mahomedans have already realised this danger and 
are now in favour of joint electorates.*" 



Lowered Qualifying Teet* For 

' The Mussalman ' " challenges the .signatories to the manifesto to prove the asser- 
tion" : "Even if we leave aside the more responsible offices of the State, it is an admitted 
fact that in spite of specially lowered qualifying tests the Government have found diffi- 
culty in recruiting for their ministerial and subordinate services from the Moslem 
community." 

This "assertion" has two p^rtji, namely, lowering of qualifying tests for Moslems 
and difficulty in recruiting officer* from the Muhammadan community in spite of such 
lowering. 

As in competitive examinations for some branches of the public service, it is the 
? usual rule and practice to, slect some candidates for appointment from the Muslim and 
other "minority communities" who occupy lower places in order of merit than those 
who succeed in getting appointments by sheer ability, the Muslim and other "minority 
community " candidates yius often superseding the just claims of unsuccessful Hindu 
competitors higher in -the list in order ot merit, the fact that qualifying tests are thus 
practically lowered in oriler to recruit Muslim officers cannot be denied. That Muham* 
madans want this sort of lowering of qualifying tests to be continued is proved by the 
lesolution, passed at the Lucknow Nationalist Muslim Conference under the presidency 
of Sir Ali Imam in April 1931, demanding "that all appointments shall be made by the 
Public Service Commission according to the minimum standard of efficiency," as also 
by that portion of Dr. Ansari's Bengal Nationalist Muslim Conference presidential 
address at Faridpur in June 1931 which demanded "that all appointments shall be made 
by a Public Service Commission .according to a minimum standard of efficiency." 
Difficulties in Recruitment 

As for the statement that difficulties are sometimes felt in obtaining recruits for 
some services from the Muhammadan coitmumity, I ned only refer to die answer given 



COMMUNAL PROBLEMS. 243 

by Sir James Crerar in the Legislative Assembly on the 23rd March last to starred 
question No. 910 asked by Mr. Muhammad Anwar-ul-Azin. 

Sir James Crerar is an unconscious humourist of no mean order. In order to 
evade the charge of favouritism, he would not admit that the qualifying mark was 
reduced for the benefit of Muslim candidates, but he admitted tfoat the Commission went 
far down the list in search of them, though not right down to the bottom f What he 
denied was tweedledum and what he admitted was twcedledee ! 

It Js to bie noted that posts in Government of India establishments are open to 
Muslim candidates from all parts of India. 

It would not be impossible to multiply instances of special favour shown to 
Muslims. I will conclude this part of my observations by inviting the attention of "The 
Mussalman " to^ the following paragraph from the annual progress report on Forest 
Administration in the Presidency of Bengal for the year 1929-30. 

Twenty-two Muhammadan candidates were offered posts in the subordinate and 
ministerial services, of whom onlv 16 accepted appointments. Of these two only are still 
in service. Of the rest, one left without notice, 7 resigned and the services of 6 were 
dispensed with for unsatisfactory work." 

There is no such paragraph regarding non- Muhammadan candidates. 
Intellectual Inferiority 

The Muslim journal next observes: 

"Attempts have been made in the manifesto* to show that the Mussalmans are 
intellectually inferior to the Hindus and therefore they are unfit to carry on any 
administration.'* 

I do not find in the manifeslo-any attempt to show that the Musalmans have an 
inherently inferior intellect. What it claims is "the superiority of the Hindu community 
in educational qualifications" and that the Hindus arc "comparatively more advanced 
intellectually." That is mainly because the Muslim community has not taken as much 
advantage of modern educational facilities a the Hindus, and not because of the innate 
intellectual inferiority of the Muhammadans. 

There is nowhere 'any attempt in the manifesto to show that the Mtisalmans "are 
unfit to carry on any administration." The, Muslim journal also states " that the mani- 
festo ha*, indirectly cast aspersions on the Muslim employees of the Government and 
thus on the whole Muslim community." How the manifesto has done this, 1 cannot 
understand, as the manifesto nowhere even mentions "the Muslim employees of the 
Government." 

"As to who were predominant in the administration in Bengal when Persian was 
the court language," is quite an irrelevant question, as the manifesto is concerned with 
present conditions and has nowhere said that the Muslims always were and will be 
backward. 
Minority and Majority 

"The Mussalman" devotes a paragraph to the question of the character and extent 
of the Muslim majority 1 in Bengal (as that province 14 at present constituted). 

The manifesto admits that "the Hindus are no doubt a minority in Bengal, aj 
at present constituted/' but states that if all the Bengali-speaking areas with a pre- 
dominantly Hindu population, which naturally form part of Bengal and formerly formed 
part of the Bengal Presidency, were included in Bengal as they ought to he, the Hindus 
or the non-Moslems would be in the majority in this province, and that thus " the Hindu' 
minority in Bengal is more artificial than real." This "The Mussalman" does not dispute, 
nor does it dispute the fact that " the Moslem majority aa constituted mainly by children 
and by women who live segregated from the national life behind the purdah." What it 
objects* to aird calls a " misstatement " is the statement that " so far as the adult popula- 
tion is concerned, the .Hindus are in a majority." 

It is necessary to state that in the manifesto those persons have been taken to 
be adults who have completed 21 years of their lives or arc above that age, on the tacit 
grounds that for political purposes the age of enfranchisement lias been fixed at 21, 
that for the purpose of (elections to local bodies the voting age has been fixied art 21, 
and that if a guardian be appointed by a Court or if an estate be taken charge of by 
the Court of Wards, 21 is taken to be the age of majority. 
Census Figures 

It is the " crude figures " of the Census Reports, as they are called in the Reports, 
that have been generally taken for calculating the number of the adultj population. But 
these figures are inaccurate. The Census Report of Bengal for 1921, drawn up by 
Mr. W. H. Thompson, I.C.S., gives many reasons for considering them unreliable. In, 
this 'connection he states: 



344 THE INDIAN RECORDER. 

"From what has 'been s'aid it will readily be appreciated that to use the crude 
figures for the distribution of 'the population by annual age periods without adjustment 
could not but lead to serious error." 

His previous observations show that, uwiug to Muslim backwardness in education 
iti Bengal, the ages stated by Muhammadans are more inaccurate than those given by 
Hindus, This conclusion is supported by his following further observations in the chapter 
on Literacy in his Report, ijage 291 : 

"It is the return of literacy among Muhammadans that has been mainly respon 
sible for the phenomenon already noticed that in the whole population the proportion 
of males who are literate is greater above the age of 20 than between 15 and 20. It 
i<? true that the grown-up scnool boys sometimes found in Eastern Bengal are all 
Muhammadans, but there is no doubt that it is among Muhammadan "cultivators that 
there has been tho greatest exaggeration of the number of adults who are literate." And 
the Muslim population of Bengal consists largely of cultivators. 

The greater inaccuracy of the age returns of Muslims, due to their greater illiteracy 
is proved also by the following observation of Mr. H. G. W. Meikle, F. F. A., Actuary 
to the Government of India, in his Report on .the Age Distribution and Rates of 
Mortality deduced from the Indian Census Returns of 1921 and previous enumerations 
published in 1926 by the Government of India Central Publication Branch, Calcutta: 

"It will be seen that generally the rates of misstatement arc greater amongst 
Muhammadans than amongst Hindis, " page 18. 

From the passages quoted above the reader will have percieved that absolute 
accuracy regarding the numbers of adult Muslims and Hindus in Bengal is impossible 
to attain. One calculation shows that the adult non-Muslim population of Bengal, even 
as at present constituted, is greater than the adult Muslim population. The other 
calculation shows that the adult Muslims are smaller in number than both the adult 
Hindus and the adult non- Muslims, 
Statutory Majority 

Mr. Chatterjee then deals with the letters of Muslim critics published in dailies. 
He says: Mr. A. K. Fazlul Huq writes: 

"The manifesto says that any provision like statutory majority is unkno\yn in 
politics. But in India most things are extraordinary. Violent disorders require violent 
remedies: and it is but common knowledge that the selfishness with which the majority 
of the caste Hindus utilize every opportunity to (mis) appropriate everything in con- 
temptuous disregard of the just dues of others, is unparalleled in the, history of any 
race or community -in any age or clime. Witness the Calcutta Corporation and Local 
Bodies in West Bengal, leave alone other instances, too numerous to mention." 

Mr. Fazlul Huq admits by implication that " statutory majority is unknown in 
politics." But he suggests that it is necessary in India, because here "most things are 
extraordinary," " violent disorders " being one of them. Now, in the past history of 
many countries and, what is more to the point, in their contemporary history, too, numer- 
ous examples of disorders, more violent 'than even the engineered communal conflicts 
in India, are to be found/ But nowhere has a remedy for them been sought to be found 
in "statutory majority." Mr. Chatterjee then quotes from Chamber's Encyclopaedia, 
vol iii, pp. 1514 to show the treatment which the Jews, the Roman Catholics and the 
Non-conformists received in England. 
Selfishness of "Caste, Hindus" 

Mr. Huq knows perhaps that declamation is not demonstration. He must prove 
.but has not proved that the present-day "Caste Hindus" are more selfish than the 
socially privileged classes of other climes, races and ages. But assuming without admitt- 
ing that his allegation is true; he will not be able to prove that "statutory majority'* 
has been anywhere applied, successfully or unsuccessfully, as its remedy. 

Mr. Huq refers to the Calcutta Corporation. Has he not seen Mr. Sanat ^Kumar 
Ray Chaudhuri's very well-documented paper on pro-Muslim communalism in the Calcutta 
Corporation ? The reason perhaps for Mr. Huq's mention of West Bengal Local Bodies 
and omission of those of East Bengal is that in East Bengal an organised attempt has 
succeeded in ousting Hindus from them to an extent to which Muslims have not'bfcen 
ousted from West Bengal Local Bodies ! Nor was a similar organised .attempt ever 
made by the Hindus there. 
"MuslimsA Suppressed Class" 

Mr. Nuruddin Ahmed tries to prove that the 'Muslims in India are a " suppressed " 
class. It is true that more than sixty years ago some Anglo-Indians raised the cry that 
" Mtthammadanism must be suppressed." But at present the , Muslims are, "and have 
been for more than half a centurv. a favoured community enioviner soecial educational 



COMMUNAL PROBLEMS. 243 

and public service appointment facilities. I have already referred indirectly to the 
special facilities which Muslims have of entering the public services. Special posts have 
h*<n v created "for them in the Education Department, in Bengal, e.g., Assistant Director 
of Muhammadan Education, and a large percentage (45) of appointments in other de- 
partments is reserved for them. They are not debarred from getting more by merit. 
As regards educational facilities in Bengal, the Muslims are quite as free as the Hindus 
to avail themselves of the facilities for education which Government and aided institu- 
tions offer to all religious communities , alike. There are in addition numerous special 
scholarships for Muslim students. For the 'special 1 education of Hindus Government 
spends Rs. 1,11,551, for the special education of Muslims Government spends 
Ks. 15,88,091, per annum excluding the expenditure on three Islamic Intermediate 
Colleges. 622 Quran schools, and 6 Muallim schools. For Muhammadan ' Maktabs.' etc., 
the expenditure in! 1929-30 from Government revenues. District or local funds, and Muni- 
cipal funds was Rs. 7.23,092, Rs. 277.766 and Rs. 57,174 respectively; the corresponding 
figures for the Hindu 'Tols,' etc., being Rs. 67,746, Rs. 37,659, and Rs. 17,543 respectively. 
A percentage of seats in Government and aided educational institutions, in some cases 
running up to 60 of 62 per cent, of the total, is reserved for Muslims. There are reserva- 
tions of free studentships andfull or half free boarderships for Muslim students. In the 
course of a debate in the Bengal Legislative Council on the 29th March last Mr. W. O 
Wordsworth said that the Muhammadans "have three divisional inspectorships out of 
five -two being held by Hindus and as such they liave a greater power of influencing, 
directing and stimulating education" . 

Support to Lucknow Pact 

Mr. Shamsuddin Ahmed refers to "the unstinted and unqualified support which 
the signatories (to the Hindu manifesto) have given to the Lucknow Pact." I am afraid 
he has misunderstood the Hindu attitude towards that Pact. The Hindus want to scrap 
the whole thing separate electorates, as well as- reserved seats. But they cannot agree 
to the Muslims choosing to keep one part of the Pact, viz., separate electorates, and 
modifying the other part, namely, the reservation of seats, by increasing their 
.number, even to the extent of more than half of the whole. The Hindus 
agreed to the Pact as a whole as a makeshift. So did the Muslims. If any 
change is to be made both parties must again agree. The Hindus and the Nationalist 
Muslims have agreed that there should be joint electorates and no reservation of scats. 

BENGAL PRESIDENCY MOSLEM LEAGUE 

The annual general meeting of the Bengal Presidency Muslim League 
held on April 4, 1932 strongly opposed any reservation of seats for a minority 
community in Bengal. Moulvi Mujibur Rahaman, President of the meeting, 
declared himself for joint electorate with reservation of seats for the Mus* 
salmans in provinces where they were in a minority and without any re- 
servation of seats for them in provinces to which they were in a 'majority. 
As for franchise he was of opinion that adult franchise should be established. 
He was of the opinion: 

"If, however, adult franchise mav not be introduced at once, the qualifications for 
voters must at any rate be very low. In Bengal the Mussalmans will then be able to 
hold their own at general elections. There is at present growing consciousness in the* 
Muslim community. In spite of . their defects and drawbacks the Mussalmans of to-day 
are not the Mussalmans of, say 15 years ago. I am in favour of safeguards for minorities. 
But in Bengal the Mussalmans are in a majority and to lask for a statutory majority 
of seats for them in the Bengal Legislative Council will not only be unreasonable but 
ivill make them depend on an artificial prop that will stand in the way of their being 
self-reliant and self-dependent. It will retard the growth of manhood in them." 

Dr. R. Ahmed, Secretary of the League, liked to be convinced in which 
way "Muslim interest" was different from "Indian interest." Speaking 
of the artificial protection given to the North American Indians, the Maoris, 
the Bushmen of Australia, the speaker said that those people had their 
Safeguards and reservations but the universal law, survival of the fittest, 
overtook them ; it would also overtake the Muslims of India if they wished to 
hide and protect themselves under the so-called safeguards and reservations. 

The following resolutions were then unanimously adopted : 
Resolved that any statutory reservation of a minority of seats for the Mussalmans 
in -Bengal .Legislative Council is under no circumstances acceptable to the Mussalmaua 
of Bengal . . 



246 THE INDIAN RECORDER. 

That the B. P. M. League is of the opinion that in the interests of democracy 
there should be no special constituency and no second Chamber in the focal legislature 
in the Presidency of Bengal. 

That in -case any such constituency or any second Chamber is created it will Tie 
strongly opposed by all Mussalmans of Bengal having the interests of the masses at 
heart. 

That the future electorate for the Bengal Legislative Council should be based on 
adult franchise and joint, electorate and there should be no reservation of seats for *he 
Mussalmans in that council. 

The League is of opinion that any reservation ot seats for the majority community 
in Bengal is prejudicial to their own interest inasmuch as dependence on an artificial 
prop will stand in the way of their being self-reliant and self-dependent and will thus 
retard the growth of manhood in them. 

That in case adult franchise is not established the qualifications ot voters sbmiM 
be made so low that about 20 p.c. of the total population may be on the 'electoral rolls. 
Support for the League'* Resolution* 

The Executive Committee of the Mymensingh District Muslim League 
unanimously passed a resolution strongly supporting, in its entirety, the 
resolution passed by the Presidency Muslim League regarding joint electo- 
rate and adult franchise as it was of opinion that the resolution truly re- 
presented the opinion of the Muslim masses of Bengal, and also that the 
system of separate electorate had done immense mischief to the Muslim 
masses of Bengal which could only be redressed by the introduction of joint 
electorate. 

Hindus representing different shades of public opinion in Bengal- 
Congress, Liberal, Hindu Sabha, Landholders, etc. endorsed the resolutions 
favouring adult franchise and joint electorate without any reference to 
reservation of seats, as constituting the most satisfactory solution of the 
communal problem for Bengal. 

Addressing his co-religionists at Maldah on May 3, 1932, Mr. A. K. 
Fazlul Huq, M.L.C., said that gradually he was becoming convinced that the 
Moslems did not require separate electorates or any safeguards. Most of 
the Moslems of Bengal, he said, were descended ff-om the same stock as the 
Hindus and as such it was naturally expected that the members, of both 
communities should live side by side in amity and concord. 

MOSLEM MANIFESTO FOR THE BRITISH PRESS 

' The following is the text of a statement which a group of Indian Mos- 
lems (not named) prepared for issue to the Press in Great Britain: 

It seems probable that within a comparatively short time hence His Majesty's* 
Government will seriously undertake the task of propounding a settlement of the Indian 
commun-al problem. In doing so, the Government will naturally have to be influenced 
by many complex and important considerations, ranging over the whole vast field of 
Indian politics and sociology, not concentrating on any local detail or party interest at 
the cost of a true perspective of the Indian sub-continent. 

For this reason we wish to make it clear at the outset that, despite inimical sug' 
gestions to the contrary, the well-known Moslem claims are 'not based solely on local 
or provincial prejudices or ambitions* but are inspired by the belief that their endorse* 
ment and constitutional ratification are essential to the peaceful security of the Moslem 
community's position in India. Were this not true, our claims regarding the community s 
rights in the Punjab and Bengal, in the North-West Frontier Province and in Sind, would 
hardly have received the warm support given them by Moslems} in territories as remote 
therefrom as Madras and the Central Provinces. And we assert* most emphatically that 
the ratification of our claims in the next constitution is' necessary also tof the peace and, 
therefore, the general welfare of India, since the neglect of such an opportunity of 
giving them effect both peaceably and permanently can only introduce an era of suspicion 
and internecine strife in India at tHe very time those evils are most to be deplored. 

Jut*C* f 



We would even suggest that those who have honest doubts of the justice of our 
claims should consider whether their consciences would not suffer more from their 



COM MUNAL PROBLEMS. ^ 

bequest to India of enduring communal bitterness and strife than from the fconcessioa 
to 70,000,000 Moslems of a position a trifle stronger than that to which they may teenst 
to be entitled by political logic. 

Th&t we ourselves cannot thus depreciate our claims must be obvious from a study 
of the distribution of India's peoples. Our claims particularly concern Bengal, the 
Punjab, Sind, the 'Frontier Province and Baluchistan. 

In these Provinces the Moslems form the majority of the population, and in Sind, 
.Baluchistan and the N. W. F. Province our majorities arc, great. But in Bengal and the 
Punjab there are very strong Hindu minorities. And though there is a considerable 
Moslem minority in the United Provinces, in all other parts of British India the; Hindus* 
are in a vast majority and inevitably enjoy complete political supremacy. 

The vast majority of the Indian Princes, moreover, are Hindus, and in Federal 
India the Princes will be able to influence All-India affairs, to an extent now impossible, 

We cannot, and will not, begrudge the Hindus such supremacy in places where 
they are plainly entitled to it and exercise it justly, if they in turn will concede the 
Moslems similar supremacy where the Moslems are entitled to it. But we must both 
begrudge and bitterly contest Hindu supremacy anywhere and everywhere in India in the 
interests of our community at large, if we are denied our rights where those rights 
are incontestable. 
War Service 

We could have allowed our claims to rest on* these grounds alone had not the 
Hindus counter-claimed that in all discussion of the rights of the various communities 
the Hindus' superiority of education and wealth should be given marked consideration. 
It is news to us that popular constitutions are nowadays based on considerations of 
accidental intellectuality and wealth and we hardly imagine that such arguments will 
prevail over the innate common sense of the British public. But lest undue attention 
be paid to them anywhere we would stt against them certain facts of which the Moslems 
in India are justly proud. 

(1) The number of Moslem soldiers serving in the Indian Army exceeds all pro- 
portion to the Moslem; population of India. During the Great War, the Indian Moslems 
made handsome response to the King-Emperor's call for troops, and their 1 soldiers fought, 
under the greatest hardships, against co-religionists having affinities with them no less 
than against the- German forces. 

Englishmen have often said that in the War the Punjab was "bled white,' and 
the great majority of the Punjab troops were Moslem. So is the vast majority of the 
police, Militia and Frontier Constabulary who are charged with the protection of law 
and order in the North-West Frontier Province and of India's boundaries there and in 
Baluchistan, where they are constantly exposed to conflict with their kith and kin. 

"Congress Despotism" 

(2) The Moslems took little part in the Congress campaign of 1930, save in the 
North-West Frontier Province where the "Red Shirts" were regrettably duped int< 
accepting the Congress banner for a struggle be^un independently of Congress, and now 
eno>d in, the triumph of justice over Congress intrigue. In the present Congress cam* 
paign, the Moslems have been openly hostile to the 1 seditionists on more than one occa- 
sion, and fewer Moslems than ever before have been overtly sympathetic with theii 
activities. 

To claim special consideration on this ground alone might seem to be priggish; 
but for ouf own part we assert that the Moslems' abstinence from Congress politics has 
been inspired not by hopes of gain therefrom for bitter experience gives us a contrary 
lesson~-but chiefly because they have equally nothing to gain from the substitution of 
a Hindu Congress despotism fcr the present regime, and they recognise that Congress 
politics only spell the economic ruin of India, Hindu and Moslem alike. 

(3) Not one of the "political" murders or attempts tp murder committed in any 
of the Governors' Provinces throughout the last two years or more has been done by * 
Moslem, The three murderers of Mr. Saun4ers and Chahnan Singh in Lahore* wet* 
Hindus. The murderers of Mr. Lowtnan, Col. Simpson, Mr. Garlick, Mr. Stevens Mr, 
Pc4die and Mr. Douglas were Hindus, So were the criminals who attempted the hve<; 
of the Governors of Bombay, the Punjab and Bengal, Mr. Villiers, Mr. OasseUs aud 
Sir Charles Tegart. All the suspects mentioned in connection with the attempt on i-ord 
Irwin's life, the murder of Mr. Peddie and B host of similar crimes have been JJmdus. 
The Chittagong Raiders and Khan Bahadur Ahsanulteh's murderer were Hindus. 
British Impartiality 

A study of political agitation and crime even during the period 1907 to 1917 4 when 
Moslem feeling was more than once aroused against tne Government, shows, that thfc 
>roportion of Moslems to Hindus notoriously involved was about 1 in 3D. Nor can W* 



248 THE INDIAN' RECORDER. 

recall that a single Moslem 'newspaper ever ventured a word of sympathy for any : 6l thfe 
political murderers of the last two years, whereas the Hindu Congress Press for several 
months indulged in systematic glorification of every such criminal when he met hi* 
deserts. 

We recapitulate these well-known facts for the reasons already 1 given, and for one 
other. We believe that if the alternative to British rule were the ubiquitous supremacy 
of Hindu rule, the mass of our Moslem brethren would prefer the former not only 
'because of the safeguard offered by its impartiality, but also because under the alternative 
system there would be heinous strife between the virile and martial Moslem races and 
those many Hindus in whom the Congress's Left-wing has sown the seed of insidious 
conspiracy and rebellion, blood-lust and lawlessness. But if it is the purpose of His 
Majesty's Government to give India federal responsibility with an equitable and just dis- 
tribution of power and some guarantee of stability, if the determination of the various 
communities' political rights is a matter of great complexity and delicacy, as we know 
it to be, and if the British people value the friendship of *at least one-fifth of the people 
of India, then we suggest that when the rival claims of the two great communities are 
weighed against one another, His Majesty's Government and people should also weigh 
in the same scales the communities' relative merits of loyalty and stability as proved by 
the facts of recent Indian history. 

The portion of the manifesto (paragraphs 13 and 14) making a strong 
attack against the Hindu was 'amended by H. H. the Aga Khan as follows 
before its publication in the "Times" on June 11 : 

It is well-known that Moslems have not participated in acts of political violence 
which have been so unhappily rife inl Bengjal, the Punjab and other Governors' provinces. 
The cult of revolutionary anarchy has never appealed to them successfully nor has the 
Moslem Press joined, the Hindu Congress Press in a systematic glorification of political 
murderers when they met with the penalty for their cringes. 

The original manifesto was however published in Simla. 

OPPOSITION TO THE MOSLEM MANIFESTO IN ENGLAND 
All- India Jamait-Ulama 

The members of the All-India Jamait-Ulama and other Nationalist 
Mussalmans of India "in a joint statement issued on June 29, 1932 charac- 
terised the manifesto as a matter of humiliation to all Mussalmans. The 
statement ran thus : 

"A lengthy statement purporting to be signed by some members of the Muslim 
Conference and emanating from Simla has recently appeared in the press. Anothei* 
version of it, amended! bv His Highness the Aga Khan, appears to have been published 
in England. We have the former statement before us. The signatories have couched 
their own views in a language calculated to mislead those who are unacquainted with 
the realities of the Indian situation in India and .abroad, into the false belief that these 
views 'are held by all the Musalmans of India. Had these worthies made it clear that 
they were ventilating their personal views and had they not exposed a majority of the 
Musalman community] to humiliation, we would not have taken the trouble to .take', any 
serious notice of their utterances, particularly at a time when tine country is passing 
'through a crisis and nearly eighty-five thousand men and women, old and young,' educa- 
ted and uneducated, are in prison. We have been constrained by the extraordinary claims 
made by these geritlemen to issue this statement to revelal the true state of affairs to 
1 save the Indian Musalmans, from being lowered in the estimation of foreign nations and 
particularly the Musalmans of the world. 

It is natural that at a time, when far-reaching, changes are imminent, India, like 
other countries of the world, should have groups and parties professing political aims, 
inhabited as it is by followers of various creeds. But it is possible to classify the various 
schools of thought, now in existence in India, along political or communal lines, in the 
follpwing manner: 

1. There are political groups among the Hindus, the Sikhs and the Moslems who 
lack confidence in their inherent strength and who hesitate to place any trust in the 
sense of justice and toleration in other communities. These groups are constantly engaged 
in putting forward their peculiar- claims and do not hesitate to adopt unworthy method? 
of propaganda. They are past-masters of vocal and written propaganda and hope to 
reach their goal by these devices. 

2. The second category, into which certain' members of almost every community 
may be grouped has for its aim the change of the present system of government by 
argument, persuasion and negotiation. They, certainly stand on a higher level and demand 



# ft O B I B M> SL $# 

v$tfS&WW&* wih movements for, the frjeedpm of the country even when .they are laimch*<J 
by -those with whom it may not be in agreement as regards the, method and manner, of 
ijieir achievement Followers of this creed are in no way less numerous among the 
Afussalmans than among the Hindus and the Sikhs, It, may, however, be noted that 
neither of the two above-mentioned groups wield any appreciable influence among the 
masses, 

' . .3. The third school of thought irt every community, has the futUst confidence in 
the inherent powers of the people, and their followers form the bulk of the population. 
Its principles include the following: 

(a) Interest of no class or community should be subordinated to the interests of any 
other and all should have the satisfaction of governing their country. 

(b) Every community should have guarantees of protection of its political, religious, 
economic and cultural rights, against every other comrmmijy and should have assurance 
of freedom from domination by any community or country including the British, as 
well as from dependence on any of them. 

(c) The federal government should be fully responsible with freedom to determine- 
India's relations with other countries, and the federating Provinces should be fully auto- 
nomous, the North-West Frontier Province being placed on the same footing as other 
Provinces. 

(d) There should be a redistribution of Prpvinces on the principle of self-deter- 
mination by people bound by ties of common language, culture and economic interests, 
such as the people of Sind, Orissa and other aieas to which the above principle may 
apply. , 1 ' 

(e) The cost of administration should be reduced to the minimum to suit the 
economic capacity of the country. 

(f) The peasants and labourers should have their proportionate share in the 
government of the country. 

The Indian National Congress also stands committed to these principles and 
counts amongst its adherents followers of this political creed among all communities 
whom for all intents and purposes it represents. 

The Mussalmans belonging to the last mentioned category claim that they have 
political distinction which is not shared by other communal groups placed in the same 
position. While a large enough number of them directly belong to the Congress and 
are consequently committed to the political creed of that body, there are others who, 
while fully supporting the Indian National Congress, have retained their distinct indivi- 
duality. The All-India Jamiat-Ulama represents the last mentioned section and, con- 
stituted as it is by Moslem theologians, it commands the allegiance of by far the largest 
bulk of the Moslem population of India, as evidenced by the overwhelming response 
which it has evoked from Indian Mussalmans from time to time and the latest demons- 
tration of which was made on the 10th of June last throughout India. The Nationalist 
Moslems, the greatest majority of whom belong to the Congress, count among their 
adherents an influential section of Moslem intelligentsia. The Jamaat Ulamai Hind, 
although a distinct organisation, has for its object the achievement of complete inde- 
pendence, which it has practically pursued so far and w^ lch cioe * not appear to haVc 
been the object of practical realisation for any other distinctly communal organisation 
in India. In the movement of 1930-31 a large number of the office-bearers and members 
of both the Tamait Ulamai Hind and the Nationalist Moslem party suffered imprison- 
ment and no less than fourteen thousand Mussalmans went to jail, while some hundreds 
of them lost their lives. In the present movement also, thousands of Mussalmans have. 
cone to jail, including some four hundred Ulamas, and a vory considerable number o 
Frontier Mussalmans have lost their lives. It is claimed, not without justification, that 
the bulk of those Mussalmans who have participated in the present movement have done 
so in response to the call of the Jamiat Ulamai Hind in support of the Congress move- 



mCn This represents as close an analysis of the situation as is consistent with facts 
and it is hoped that it will help people in India -and abroad to form a more just view 
of the outlook of Indian Mussalmans. We are under no circumstances apprehensive of 
any aggressiveness on the part of any community under the constitution which we have 
oriinS*. In fact we are convinced that justice would be easier of achievement under 
the new system and.it would not be as bad as it is to-day to fight successfully against 

any ln ^*e. ^ to be described but only one other type of men whose 

desperation? esiveYeal, and a partiality for Western revolutionary methods have led 
them to acts of violence. But we are aware of no party, political or otherwise in the 
country that has not d6ne everything in it power ** 4^courage it. The pulpit and 
the pStform havfe been extensively availed of in pursuit, oi restraining influence* and 



T H B ./ 1 N D r A H: n n c<** f> JTR. 

these circumstances it is nothing * short of "deliberate mendacity to saddfe "the 
Congress with even the faintest sympathy with' or toleration of -crimes of violence. 
Before concluding, we may also observe that it would be an insult to tens of thousands 
b" Frontier Mussalrnans to suggest that their participation in the present movement has 
beenvthe result of any external influences and -not of their deliberate decision. *>. - 
One of the fruitful causes of mutual recrimination has been the failure to evolve 
a solution of the communal problem. But we take this 'opportunity of informing those 
who are unaware* of the fact lhat the Jamiat Ulamai Hind, the Moslem Nationalists and 
the Indian National Congress had evolved certain formulas which, if pooled together, 
would have secured the greatest measure^ of agreement between various parties, but before 
that object could be achieved, M aha tma Gandhi had suddenly to go to the- Round 'fable 
Conference and, immediately after his return, he and other leaders of public opinion 
found themselves behind prison bars and the offensive which was launched against 
'Congress organisations is still in progress. India has so far awaited the much talked 
of award by the British Government and we Wonder if, when it comes, it is likely to 
satisfy any one. 

... . finally,/ we earnestly assure all the -communities in India and the people abroad 
that Indian Mussalrnans as a community are next to none in their love of freedom or 
the will to live peacefully and harmoniously and to stand shoulder to shoulder with 
other fellow Indians in the task of leading the country to its higest destiny. Self- 
respect, self-reliance and .faith in the progress of humanity are among the articles of 
their faith and they are convinced tnat they would serve Islam more faithfully by strict 
adherence to these principles." 
Bengal Presidency Muslim League 

The Council of the Bengal Presidency Muslim League strongly con- 
demned the anonymous manifesto and regretted the mendicant attitude taken 
up therein for " stronger position than the community is entitled to by 
political logic," such an attitude being against the dignity and self-respect 
of the Mussalmans and a source of weakness to the community. The 
Council also regretted that Muslim claims should be based on " Indian 
Muslims having fought against co-religionists " of Islamic countries " who 
were their kith and kin/' " , 

Hon. Sheikh Kidwai of Gadia 

The Hon. Sheikh Kidwai of Gadia, Member of r the Council of State, in a 
statement to the Associated Press on June IS, 1932, regarding the Muslim 
manifesto said: 

As regards the Muslim manifesto, for the publication of which my esteemed and 
cherished friend, has rather unwisely taken the responsibility upon himself, although he 
was not the author uf it, I can only tell my brothers that stinking sycophancy and servile 
loyalty are not only gioss,ly tin-Islamic, but they can, never appeal to a free nation. 
Slavishness and beggary arc looked down with contempt by every respectable people. 
No nation, no community, , can live upon beggary. I claim to be second to none 
in my love for Islam and Muslims. 1 have no word of praise for the ultra- 
communalism thickly cloaked and camouflaged under nationalism- of the Hindu 
majority, but I cannot approve of the cowardly imtendoes and attacks in the manifesto 
which can gain nothing for the Muslims from the British, who are- more likely to listen 
jo the .commanding calls of Dr.' Moonje than to the 'cringing Muslim manifesto. 

OPINIONS OF LEADERS 
Maulana Shaukat AH 

f ' Speaking on the Hindu Muslim problem, Maulana Shaukat Ali said in 
Bombay on May 12, 1932 that the best way to find a lasting solution was 
that the majority community in a province should concede to the minority 
what the latter demanded whether ,the minority was Hindu or Muslim, It 
Was absurd, itr his opinion, for one community" to think of wiping out the 
other now-r-that could only have been possible by either of them ages ago. 
Every Indian had to think of th$ honour of his 'country it -was God who 
must be served first and the. country came in afterwards. 

He further .stated*: The Muslims were the -authors of J the move for a joint 
electorate. His br6ther and others .drafted and presented to the 'public years ago in 



COMMUNAL PROBLEMS #f 

Delhi a memorandum accepting joint electorates. Hindus entered into a pact with Mus- 
lims and the Madras Congress ratified it. But a few months llater, the Congress and 
the Hindus threw the pact overboard. Tf the Muslims insisted now on separate elec- 
torates, the fault was not theirs. Ninety-nine per cent, of the Muslims in Bombay were 
in favour of separate electorates. The Congress was responsible for this demand. 
Mr, S. B. Tambe 

The Hindu and Nationalist Muslim leaders were in favour of joint- 
electorate. Mr. S. B. Tambe expressing himself on the problem of communal 
electorates stated in the course of an interview to the press on May 16, 1932 : 

If, as I apprehend seriously, communal electorates are continued, the outlook is 
far from being cheerful. If all communal and class interests are recognised and special 
representation is provided for them, the legislatures will be more like a 700- where a 
fixed number of a certain species or a variety has to be kept. Under Responsible 
Government, the legislatures should be composed of members who can take a broad view 
of provincial matters. They should be representative of the general public and not ot 
any section thereof. The future Ministry and the party supporting it, as well as the 
opposition party, should be composed of men and women who think and act on broad 
national lines with a wide outlook, as opposed to communal or sectional lines. 

Unfortunately the communal problem has assumed wide dimensions. When it 
was a question of settlement with one community, it was solved. The amicable settle- 
ment of the claims of several communities has became an impossible task, particularly 
on account of what is called the Minorities Pact. I do not think it desirable that a 
decision in the absence of a settlement should be given by His Majesty's Government. 
India being* an original member of the League of Nations along; with England, it is open 
to question whether England can settle the communal dispute which is really an internal 
matter of India. 

Prof. Radha Kumud Mukherji and T agree that the communal question should 
be left to be settled according to the principles of the Minorities Treaty of the League 
of Nations. The British, in their desire to placate the Moslems, have ceased to be fair 
and impartial. 

SIKH ATTITUDE ON COMMUNAL QUESTION 

Sardar Sant Singh, M.L.A., Sardar Sampuran Singh, a delegate to the 
Round Table Conference .and Sardar Bishan Singh, M.L.C., jointly issued 
the following statement to the press on April 28, 1932. 

A recent manifesto issued by some of the Muslims of the Punjab, under the 
leadership of Sir Muhammad Iqbal, goes once more to point out the dangers of the 
communal rule in any country. The signatories to the manifesto give away their whote 
case when they base their demand for Muslim majority in the Punjab and Bengal on 
the ground that if such majority is not granted, it will deprive them of the counter-vailing 
and essential safeguard against an effective and permanent non-Musl i 'm majority at thr 
centre and the other provinces. 

The Sikhs stand for pure and simple democracy which would depend upon the- 
will of the people as expressed through the ballot box. If this pure democracy is not 
acceptable to the political school whose destinies are being guided by Sir Muhammad 
Iqbal, then the Sikhs are prepared to accept Sir Muhammad IqbaPs plan of weightage 
which he propounds for his Muslim brethren in the other provinces of India. If the 14 
per cent. Mahomedans in U. P. stick to their right of representation to the extent of 
30 per cent, in that province, what reason Sir Muhammiad Iqbal can advance against 
the same treatment being meted out to the Sikhs of this Province ? 

If the present demand of Muslims be analytically examined, it comes to this that 
1 crore and 33 lakhs of Muslims want to rule, for all times to come, 1 crore and 2 
lakhs of non-Muslims in the province. We, therefore, humbly point out to Sir 
Muhammad Iqbai that history knows of no instance where one nation has conferred 
upon a religious sect the right to rule over his sister communities. If the British Parlia* 
ment decided to surrender abjectly the best that is in democracy to the clamourings -of 
this small section of reactionaries, it will not tend to inaugurate an eira of peace ,and 
prosperity in the Punjab. The reactions of such a move will ultimately recoil on its 
authors. 

RAJAH-MOON JEE PACT 

The Rajah-Moonje Pact was entered into between Rao Bahadur M. C 
Rajah, M.L.A., the President of All-India Depressed Classes Association, 



Vff T H a r N D I A- N Jt V C 

on the one hand and Dr. B. S, Moonjee, the President of the Hindu 
sabha. It agreed upon joint electorate with the Hindus with reservation 
of seats for the Depressed Classes on the population basis. The advantages 
of the Pact were explained in a press statement giving an analysis of com- 
parison of the different positions of the depressed classes under the Minori- 
ties Pact concluded at London and the Rajah-Moonjee Pact ratified in India* 

The statement ran thus: 

The Round Table Conference Minority Pact, being provisions for a settlement of 
the communal problem, was put forward jointly by Muslims, Depressed Classes, Anglo- 
Indians, Europeans and an Indian Christian member of the Conference. This pact is 
based on separate electorates for the communities mentioned above. It contains an 
annexure which prescribes the number of seats ear-marked for these communities; and, 
in para 9 of this Pact, it is stated that the Minority communities shall have not less 
than the proportion set forth in the annexure, reproduced below: 





Strength of 






Legislatures 


Chamber 


Depressed Classes' seats 


Muslims 1 seats 


CENTRE. 








All-India 




19* 


21.5* 


Upper 


200 


30 


67 


Lower 


300 


45 


100 


Assam 


100 


(13.4) 


(34,8) 






13 


35 


Bengal 


200 


(24.7) 


(54.9) 






35 


102 


Bihar and Orisa 


100 


(14.5) 


(11.3) 






14 


25 


Bombay 


200 


(8) 


(20) 






28 


66 


Central Provinces 


100 


(23.7) 


(4.4) 






20 , 


15 


Madras 


200 


(15.4) 


(3.7) 






40 


14 


Punjab 


100 


(13.5) 


<56.5) 






10 


51 


United Provinces 


100 


(26.4) 


(14.8) 






20 


30 



Note: Figures with * mark indicate percentage of population for India; figures 
within ( ) brackets indicate percentage of population in the provinces. 

Central Legislature 

From an analysis of the figures in the above annexures, it is evident that the two 
depressed classes delegates have done a positive harm to the depressed classes by 
claiming and accepting seats on behalf of the depressed classes much less than what 
they would be entitled to on the basis of population. Out of a total of 200 seats, in the 
Upper Chamber the depressed classes, who form 19 per cent, of the population, should 
T>e given 38 seats. Our friends, Dr. Ambedkar and Mr. Srinivasam, were willing to 
forego 18 seats and claimed only 20 seats. 

With reference to the Lower Chamber, out of a total of 300 seats, the depressed 
classes are entitled on a population basis to 57 seats, but our friends, Dr. Ambedkar and 
Mr. Srinivasam, gave up 12 seats and claimed only 45. On the other hand, look 'how 
well the Muslim community have been served by their representatives. The Muslims, 
Who are entitled, on a population basis, to 64 seats have secured for themselves a full 
TOO seats. 

Provincial Legislatures 

With reference to the Provincial Legislatures the Depressed Classes representation, 
according to the so-called Minority. Pact, just approaches the population ratio in Assam, 
Bihar and Orissa. However, Df. Ambedkar ana Mr, Srinivasam have given up 8 per 
cetiUof the population ratio in Bengal, 4 per cent, of the population ratio in Central 
Provinces, 3.5 per cent, of the population ratio in the Punjab and' (x4 per cent, of < the 
pbjjjutetien ratio fa the United Provinces, * - ' -* 



COMMUNAL pftOBtBMS. 251 

Dr. Ambedkar and Mr. Srnivasan 'claim that they h'ave obtained weightage for the 
community .in Madras and in Bombay, Madras being Mr. Srinivasam's province and 
Bombay being Dr. Ambedkar's ; but they admit that they have not claimed the same 
weightage as the Muslims have claimed. 
Results of Proportionate Representation 

Let us now see what result the principle of proportionate representation on the 
population basis, which is a central point in the Rajah- Moon jee Pact, when applied to 
the different Provinces, will yield to the Depressed Classes under the scheme of Joint 
Electorates with Reservation of seats. The following figures speak for themselves. 

Legislatures Strength of Seats according to Seats according to 

Chamber R.T.C. Minority Pact Rajah- Moonjee Pact 



CENTRE 
All-India 
Upper 
Lower 


200 
300 


20 
45 


38 
57 


Assam 
Bengal 
Bihar and Orissa 
Bombay 
Central Provinces 
Madras 
Punjab 
United Provinces 


100 
200 
100 
200 
100 
200 
100 
100 


13 
35 
14 
. 28 
*20 
40 
10 
20 


13 
49 
14 
16 
24 
30 
13 
26 



Note :~According to Rajah-Moonje Pact the Depressed Classes will have the right 
to contest, besides the reserved seats, Additional seats also, as they have contested and 
won in the recent elections to the Local Boards in Alandur, Sembiam, Villivakam and 
other Unions in the Chingleput District of the Madras Presidency. 

Status in Future Government! 

Regarding the status the Depressed Classes will have in the future 
Government of the country and the share they will have in the administration 
of the respective provinces, Mr. Rajah states: 

The cautiously- worded recommendation of the Round Table Conference Minority 
Pact on this subject is found in para 7 of the Pact It reads as follows : 

In the formation of cabinets in the Central Government and Provincial Governments, 
so ar as possible, members belonging to the Mussalman community and other minorities 
of considerable number shall be included by convention. 

That this resolution has not been taken seriously even by the Depressed Classes 
Delegates at the R. T. C is proved by the very modest disclaimer contained in Mr. 
Srinivasam's speech at the second session of the R. T. C. on 30th November, 1931. Dis- 
cussing the question of representation, Mr. Srinivasam said: "We may not be able to 
produce men who will sit on the Treasury Bench or on the Front Opposition Bench, 
And we do- not need to. Our aim is not to run the Government. Our aim is to see 
that the Government is not run against us." 

We have all along been agitating for a seat in the Cabinet and to that extent we 
have been asking for a statutory provision also to be embodied in the Act. Without our 
inclusion in the provincial cabinets, especially at a time when provinces are going to be 
autonomous, our mere sitting in the legislatures to support one party or another in 
office, to see that the Government is not run against us, will; far from helping our 
community's interest, as previous experience has shown, expose us to periodical betrayals, 
against which there is no security. 

Separate electorates would have been a kind of safeguard under diarchy in which 
our representatives, joining with the Government section, might have secured for us what 
we wanted. But under provincial autonomy our aim should be to secure in a Joint 
Electorate a sufficiently large number of seats for our community. This can be done by 
means of Reservation granted to us by a Statute with liberty to contest non-reserved 
seats and by so organising ourselves as to capture additional seats over and above the 
Reserved Seats. Our influence in the Councils depends upon the number of votes in our 
hands and if we are sufficiently strong we can control the policy of the Ministers and 
even get one or two of our men into the Cabinet. It should also be realised that hereafter 
the <&verument will be run on Party lines. TWat party which has not only the largest 
number of supporters but also manages to secure the largest number of men returned 
to the Council on its party ticket will hold the, reins of power in the Government If our 
men are to become members of the Government, they can do so only by being members of 
one o^ other of the parties which contest the seats in the General Constituency, under 
the system of Joint Electorates. This is impossible in a Separate Electorate, in which 



?54 ,THE INDIAN RECORDER. 

$hpre is no par ty^ ticket but only communal preference or favouritism. Depressed" Class 
men returned through Separate Electorates may form a kind of party, if they remain a 
compact body, which' is not likely since it is a notorious fact that personal feuds and 
factions soon spiing up in a communal iterty, and this makes joint action on ^criticaJ 
occasions too difficult, if not altogether impossible, but anyhow such a party is destined 
for ever to remain a minority party, not entitled to seats in the Ministry. 
A PI** for General Electorate 

Under Provincial Autonomy, if we are returned through Separate Electorates, even 
if we form a compact .body, which as I have said is doubtful, we shall always have to 
play second fiddle to one or another party, and never be an integral party of any- 
party, with an; opportunity which will come sooner or later of sharing in the Government 
of the Province. Under Provincial Autonomy such identification with the party which 
comes out victorious in a general electorate is absolutely essential, not merely for pre- 
venting other communities from doin^ harm to us, but for constructive work, which wjl'l 
elevate us and place us on a level with the most cultured and influential community in 
the country. 

.It is after considering all these things that I have come to the conclusion that 
we should cast our lot with the general community who, after all that is said and 1 done, 
hold the reins of power/ in their hands. With them we sink or rise, and our future lies 
in identification 'with them. Our progress is theirs, and their progress is ours. 

MINORITIES PAT vs. RAJAH-MOONJEE PACT 

Subsequent to the announcement of the Pact, it was hailed by a large 
section of the depressed classes and the scheme was also supported by the 
Mahai* Youth League, the community to which Dr. Ambedkar belonged. 

Considerable controversy continued to rage in the country among the 
depressed classes regarding the merits and demerits of the Minorities Pact 
and the Rajah-Moonjee Pact. The supporters of the Minorities Pact group- 
ed together under the leadership of Dr. Ambedkar, while the protagonists of 
the Rajah-Moonjee Pact acted under the guiding influence of Mr. Rajah. 
Meetings and counter-meetings were held in support of and opposition to 
either of the Pacts. Lively deliberations took place and great heat was 
imparted to the discussions whenever members belonging to the opposite 
group stood up to speak against the main resolutions of the meeting. Not 
on a few occasions the tranquility of the meeting was disturbed by, acrimo^ 
nious scuffles resulting in bodily injuries, if not by the actual intrusion into 
the venue of the meeting of rowdy elements, armed with weapons, bent upon 
creating trouble and breaking up the meeting. 

ALL-INDIA DEPRESSED CLASSES CONGRESS 

The most important meeting of the depressed classes held during 
the quarter ended June 1932, and after the announcement of the Rajah- 
Moonjee Pact, was the second session of the All-India Depressed Classes. 
Congress, founded last year by Dr. Ambedkar. The main resolution before 
the Congress was an unstinted support to the London Minorities . Pact to 
which Dr. Ambedkar was a party. Vigorous opposition from the All-India 
Depressed Classes Association (established about 20 years ago), favouring 
the Rajah-Moonjee Pact, was apprehended. The Congress after four post- 
ponements met on May 7, 1932 at Kamptee under the presidentship of Rai 
Sahib Muniswami Pilla'i, M.L.C, from Madras. The All-India Depressed 
Classes Association as a body did not join the Congress. 

FJrt Day of th Congress 

Mr. Hardas, the Chairman of the Reception Committee, had barely 
begun reading his welcome address when Mr. Rajbhoj, delegate from Poona, 
and his two friends challenged the legality and representative character of 
the Congress. They were roughly handled by the volunteers and Mr. 
Rajbhoj had to be taken to hospital. But f6r these three delegates from 
outside, the Congress was scrupulously boycotted by .the supporters of, the 



COM MUM At PROBLEMS.- 255 

Mr. Hardas in his presidential address said that the National Congress 
trying to mislead the Depressed Classes and harm their interests, and 

its sister organisation, the Hindu Mahasabha, had virtually declared war 

against them. He remarked: "We have to deal with them very cautiously. 

Joint electorates would amount to the ruination of the depressed classes. 

We cannot in any circumstances accept joint electorates." 

Rai Sahib Munis wami Pillai, President, said that the depressed classes 
had developed sufficient consciousness to assert their political rights and tc 
feel in tefms of nationalism consistent with their safety and security. He 
paid an eloquent tribute to Dr. Ambedkar for the magnificent manner in 
which he had presented the case of the depressed classes at the. Round Table 
Conference, adding that Dr, Ambedkar's importance would not -be belittled 
by ' the propaganda against him by the interested section of the Press, 1 
The depressed classes, he asserted, had no faith in Congress leaders. They 
must have separate electorates and special representation. 

Second Day of the Congress 

On the second day of the session, the Congress adopted about a dozen 
resolutions, one of which supported Dr. Ambedkar's Minorities Pact, -another 
repudiated the Rajah-Moonjee Pact while another urged that the depressed 
classes should have representation on population basis in all local bodies 
and adequate funds should be set apart in the Central budget for the pro- 
motion of higher education among them. 

The session was attended by about a dozen men of the Rajah group, who 
wanted to oppose both these resolutions, but on each occasion there was an 
uproar and a minor scuffle. The police, however, promptly checked the 
spread of trouble. Mr. Khandekar and his friends, who wanted to speak 
against these resolutions were not permitted to do so but were asked to 
record their votes. They, however, left the pandal before the meeting was 
over. The conveners of the Congress and Dr. Ambedkar himself attempted 
to persuade Messrs. Gavai, Thaware, Khandekar, Gorgathe and other 
leaders of the opposition to come and take part in the Subjects Cpnv 
mittee deliberations but their attempts proved futile, the oppositionists main- 
taining that their organisation namely, the All-India Depressed Classes. 
Association, had not given them the necessary sanction to attend the Kamptee 
Congress. In view of this non-cooperating attitude, the conveners of the 
Congress did not give Mr. Khandekar and his friends any opportunity to 
address the open session. All the resolutions were therefore adopted 
without any opposition. 
All- India Depressed Classes Association's Statement 

Commenting on the proceedings of the Congress, Mr. G. A. Gavai, 
M.L.C., General Secretary of the All-India Depressed Classes Association, 
issued the following statement to the Press on May 10, 1932: 

The All-India Depressed Classes Association as a body could not and did not join 
the 'second Session of the so-called All-India Depressed Classes Congressa rival body 
started by Dr. Ambedkar. We asserted and still assert that the majority of the Depressed 
Classes are for the Rajah-Moonjee Pact. The fact that Mr. Khandekar and others were 
not allowed to address the audience in opposition to the Minorities Pact and in support 
of the Rajah-Moonjee Pact and that resolutions relating to these were declared to- have 
been passed without being put to vote in spite of lour demands from the delegates for a 
poll and that several hundred delegates left the pandal in a body by way of T>rot<t 
show that the decision of the Congress does not represent the real opinion of th$ 
Depressed Classes. 



CONGRESS AND CONFERENCES 



CONGRESS AND C. D. MOVEMENT 

RENEWAL OF CIVIL DISOBEDIENCE 

THE campaign of civil disobedience resumed by the All-India Congress 
Working Committee (now declared illegal) early in January continued 
its course during the quarter ended June, 1932. The events which precipitat- 
ed the renewal of the movement before the memorable Delhi Settlement 
had been barely ten months old are reflected in the following extracts taken 
from the correspondence which, passed between Mahatma Gandhi and the 
Viceroy. 

GANDHIJI'S WIRE TO THE VICEROY 

On December 29, 1931 Mahatma Gandhi, the Congress leader and sole 
representative of the Congress to the second session of the Round Table 
Conference, wired to H. E. the Viceroy as follows: 

"I was unprepared, on landing yesterday, to find the Frontier and the U. P. 
Ordinances, shootings in the Frontier and arrests of valued comrades in both, and, on 
the top, the Bengal Ordinance waiting me. I do not know whether 1 am to regard these 
as an indication that friendly relations between us are closed or whether you expect me 
still to see and receive guidance from you as to the course I am to pursue in advising 
the Congress. I would esteem a wire in reply/* 

GOVERNMENT REPLY 

The following was the reply from the Private Secretary to the Viceroy 
dated December 31, 1931 :- 

11 His Excellency desires me to thank you for your telegram of the 29th instant in 
which you refer to the Bengal, the United Provinces and the N. W. F. Province Ordinances 
In regard to Bengal, it has' been and is necessary for the Government to 1 take all possible 
measures to prevent dastardly assassinations of their officers and of private citizens. 
Co-operation with all Political Partie* 

His Excellency wishes me to say that he and his Government desire to have friendly 
relations with all political parties and with all sections of the public, and in particular 
to securing co-operation from all in the great work of constitutional reforms which 
they are determined to push forward with the minimum delay. Co-operation, however, 
must be mutual, and His Excellency and his Government cannot reconcile the activities 
of the Congress in the United Provinces and the Frontier Province with the spirit of 
frank co-operation, which the good of India demands. 

No-r*n Campaign in U. P. 

"As regards the United Provinces, you are doubtless aware that while the local 
Government were engaged in devising means to give all possible relief in the existing 
situation, the Provincial Congress Committee authorised the no-rent campaign which is 
now being vigorously pursued by the Congress organisations in that province. This 
action on the part of the Congress bodies has compelled the Government to take measures 
to prevent a general state of disorder and spreading of class and communal hatred which 
the campaign, if continued unchecked, would inevitably involve, 

Aggr**i* Campaign in N. W. F. P. 

w In the N. W. F. Province, Abdul Ghaffar Khan, and the bodies he controlled, 
haueltontinuously engaged in activities against the Government and in fomenting, racial 
hatred. He and his friends have persistently refused all overtures by the Chief Com- 
mtsskmer to secure their co-operation and, in rejecting the declaration of the Prim* 
Minister, have declared in favour of complete independence. Abdul Ghaffar Khan deli- 



numerous speeches, open to no other const ruction than an incitement to revolution, 
his adherents attempted to stir trouble in tribal areas. The Government refrained 
from taking special measures until the activities of Abdul Ghaffar Khan and his asso- 
ciates, and, in particular, the open and intensive preparation for an early conflict with 
the Government, created in the situation such a grave menace to the peace of the 
province and of tribal areas as to make further delay in action impossible. 

No Discussion to be Allowed on Ordinances 

"You have yourself been absent from India on the business of the Round Table 
Conference, and, in the light of the attitude which you have observed! there, His Excellency 
is unwilling to believe that you approve of the fc recent activities of the Congress in the 
United Provinces and in the North West Frontier Province. If this is so, he is witling 
to see you and to give you his views as to the way in which you can best exert your 
influence to maintain that spirit of co-operation which animated the proceedings of the 
Round Table Conference, but His Excellency feels bound to emphasise that he will not 
be prepared to discuss with you /any measures, which the Government of India, with the 
full approval of His Majesty's Government, found it necessary to adopt in Bengal, the 
United Provinces and the North West Frontier Province. These measures must, in any 
case, be kept in force until they have served the purpose for which they were imposed, 
namely, the preservation of Law and Order essential to good Government." 

GANDHUI'S REJOINDER TO VICEROY'S REPLY 

* , 

The following was Mahatma Gandhi's rejoinder dated January 1, 1932 
to His Excellency's reply: 
Demoralising Influence of Ordinances 

" I thank His Excellency for the wire in reply to mine of December 29. It grieves 
me. For His Excellency has rejected in a manner hardly befitting his high' position my 
advance made in the friendliest spirit. I had approached as a seeker wanting light on 
questions in which I desired to understand the Government version of the very serious 
and extraordinary measures to which I made reference. Instead of appreciating my 
advance, His Excellency has rejected it by asking me to repudiate my valued colleagues 
in advance and telling me that, even if I had become guilty of such dishonourable 
conduct and sought for an interview, I could not even discuss these matters of vital 
importance to the nation. In my opinion the constitutional issue dwindles into insigni- 
ficance in the face of the Ordinances and Acts, which must, if not met with stubborn 
resistance, end in utter demoralisation of the nation. I hope that no self-respecting 
Indian will run the risk of killing the national spirit for the doubtful contingency of 
securing a constitution, to work which no nation with stamina may be left. 

Defence for Khan Sahib Abdul Ghaffar 

"Let me also point out that as to the Frontier Province your telegram contains 
a narration of facts which, in the face of them, furnish no warrant for the arrest 'of 
popular leaders, passing of extra-legal ordinances, making life and property utterly 
insecure and shooting unarmed and peaceful crowds for daring to demonstrate against 
the arrests of their trusted leaders. If Khan Sahib Abdul GhafTar had asserted his right 
to complete independence, it was a natural claim, and a claim made with impunity by 
the Congress in its resolution passed in Lahore in 1929, and by me with energy put 
before the British Government in London. 

' Moreover, let me remind the Viceroy that despite the knowledge on the Govern- 
ment's part that the Congress mandate contained such a claim, I was invited to attend 
the London Conference as the Congress delegate. Nor am I able to detect in a mere 
refusal to attend a Durbar an offence warranting summary imprisonment. If Khan Sahib 
was fomenting racial hatred, it was undoubtedly regrettable. I have his own declara- 
tions to the contrary made to me, but, assuming that he did foment racial hatred, he was 
entitled to an open trial where he could have defended himself against the accusation. 

No No- Tax Campaign in U. P. 

"Regarding the United Provinces, His Excellency is surely misinformed, because 
there was no no-rent campaign authorised by the Congress* but, whilst negotiations were 
proceeding between Government and Congress representatives, the time for collection 
of rents actually arrived and rents began to be demanded. Congressmen were therefore 
obliged to advise the tenants to suspend payment pending the result of the negotia- 
tions, and Mr. T. K. Sherwani had offered, on! behalf of the Congress, to withdraw this 
advice, if the authorities or* 1 their own initiative suspended collections pending the negj6* 
tiations. I venture to suggest that this is not a matter which can be summarily dlis 
flailed as yowr wire had done. The controversy in the United Provinces is of lon#* 
standing and involves the well-being of millions of peasantry known to be economically 
ground, down. Any Government, jealous of. the welfare of the masses in its charge, -wotwf 
' - 



25$ THEOENblAH RBC ft 'D 

welcome the voluntary co-operation of a body like the Congress which admittedly 
exercises a great influence over the masses and whose one ambition is to serve them 
faithfully. And let me add that I regard the withholding of payment of taxes as an 
inalienable, ancient and natural right of people who have exhausted all other means 
of seeking freedom from an unbearable economic burden. 
Legalised Government Terrorism in Bengal 

"I must repudiate the suggestion that the Congress has the slightest desire, to 
promote disorder in any shape or form. As to Bengal, Congress is at one with ]tho 
Government in condemning the assassinations, and should heartily co-operate with Gov- 
ernment in measures that may be found necessary to stamp out such crimes. But 
whilst the Congress would condemn in unmeasured terms the method of terrorism as 
is portrayed by the Bengal Ordinance and acts done thereunder, it must resist, within 
the limits of its prescribed creed of non-violence, such measures of legalised Government 
terrorism. 
Co-operation Must be Mutual 

"I heartily assent to the proposition laid down in your telegram that co-operation 
must be mutual. But your telegram leads me irresistibly to the conclusion that His 
Excellency demands co-operation from the Congress without returning any on behalf 
of the Government. I can read in no other way his peremptory refusal to discuss these 
matters which, as I have endeavoured to show, have at least two sides. The popular 
side I have put as I understand it, but, before committing myself to a definite judgment, 
1 was anxious to understand the other side, that is, the Government side, and then tender 
my advice to the Congress. 

"With reference to the last para of your telegram, I may not repudiate the moral 
liability for the actions of my colleagues, whether in the Frontier Province or the United 
Provinces, but I confess that I was quite ignorant of the detailed actions and activities 
of my colleagues whilst I was absent from India, and it was because it was necessary 
for me to advise and guide the Working Committee of the Congress, and in order to 
complete my knowledge, that 1 sought with an open mind and with the best of inten- 
tions an interview with* His Excellency and deliberately asked for his guidance. I cannot 
conceal from His Excellency my opinion that the reply he has condescended to send was 
hardly a return for my friendly and well-meant approach. 
Appeal for Reconsideration of the Situation 

" If it is not yet too late, I would ask His Excellency to reconsider his decision and 
see me as a friend without imposing any conditions whatsoever as to the scope or 
subject of discuss'on, and 1, on my part can- promise that I would study with an open 
mind all facts that he might put before me. I would unhesitatingly and willingly go 
to the respective provinces and with the aid of the authorities study -both sides of thd 
question, and if I came to the conclusion after such study that the people were in thja 
wrong and that the Working Committee, including myself, were misled as to the correct 
position and that Government was right, I should have no hesitation whatsoever in 
making that open confession and guiding the Congress accordingly. 

Gandhiji's Limitations 

''Along with my desire and willingness to co-operate with the Government, I must 
place my limitations before His Excellency. 

"Non-violence is my absolute creed. I believe that civil disobedience is not only 
the natural right; of the people, especially when they have no effective voice in their own 
Government, but that it also is an effective substitute for violence or armed rebellion. 
1 can never, therefore, deny my creed. In pursuance thereof and on the strength of 
'>he uncontradicted reports, supported by the recent activities of the Government of India, 
to the effect that there may be no other opportunity for me to guide the public, the 
Working Committee accepted my advice and passed a resolution tentatively sketching 
a plan of civil disobedience. I ain^sending herewith the text of the resolution.* If His 

* RESOLUTIONS OF THE ALL-INDIA CONGRESS COMMITTEE 

The following were the resolutions passed by the All-India Congress Working 
Committee on January 1, 1932: 
Situation in the Country 

"The Working Committee has heard Mahatma Gandhi's account of his visit to 
the West and considered the .situation created by the extraordinary Ordinances pro- 
mulgated in Bengal, the United Provinces and the Frontier Province and by? the actions 
of .authorities including numerous arrests made,* among these of Khan Abdul Gaffar Khan, 
Mr, , Sherwani and Pandit Jawaharlal, and by shootings in the Frontier Province of 
innocent men resulting in many 'deaths and many more being injured. The Working 



C JNf G R ft 4 :A N & C EX MOVEMENT. '& 

Excellency thinks it worth while to see me, the operation of the resolution will be sus- 
pended pending our discussion, in the hope that it may result in the resolution being 
finally given up. 

"I admit that the correspondence between His Excellency and myself is of such 
grave importance as not to brook delay in publication. I am therefore sending my 
telegram, your reply, this rejoinder, and the Working Committee resolution for pub- 
lication." 

Committee has also seen the telegram from the Viceroy in reply to the telegram sent 
by Mahatma Gandhi to him. 

" No Justification for Ordinances " 

11 The Working Committee is of opinion that these several acts and others of lesser 
gravity that had taken place in some other provinces and the telegram from His Excell- 
ency seem to make further co-operation with the Government on the part of the Congress 
utterly impossible, unless the Government policy! is changed; these acts and the telegram 
betray no intention on the part of the bureaucracy to hand over the power to the 
people and are calculated to demoralise the nation. They also betray want of faith in 
the Congress from which co-operation is expected by the Government. 

"The Working Committee yields to no one in its abhorrence of terrorism on any 
account whatsoever, whether resorted to by individuals, such as recently witnessed in 
Bengal, but it condemns with equal force the terrorism practised by Government as 
evinced by its recent acts and Ordinances. * * 

" The Working Committee marks a deep national humiliation over the assassination 
committed by two girls in ComilBa and is firmly convinced that such crime does great 
harm to the nation, especially, when, through its greatest political mouthpiece, thei Con- 
gress, it is pledged to non-violence for achieving Swaraj. 

" But the Working Committee can see no justification whatsoever for the Bengal 
Ordinance, which seeks to punish the whole people for the crime of a few. The real 
remedy lies in dealing with the known cause that prompts such crimes. If the Bengal 
Ordinance has no justification for its existence, Ordinances in U. P. and the Frontier 
Province have still less. The Working Committee is of opinion that in the arrest artd 
imprisonment of Mr. Sherwani and Pandit Jawaharlal Neliru, who were proceeding to 
Bombay to confer with Mahatma Gandhi, it has gone even beyond the limits contem- 
plated by the Ordinance in that there was no question whatsoever of these gentlemen 
taking part in Bombay in the no-tax campaign in the United Provinces. 

Shooting* in the Frontier 

"The Working Committee considers, on Government's own showing, that there 
appears to be no warrant for either the promulgation of the Ordinance or the arrest 
and imprisonment without trial of Khan Abdul Ghaffar Khan and his co-workers. 

"The Committee regards the shooting in the province a wanton and inhuman act 
and congratulates the men of the Frontier upon their courage and endurance and the 
Committee has no doubt that if the Frontier people retain the non-violent spirit despite 
grave provocations, they would materially advance the cause of India's independence. 

" The Committee calls upon the Government of India to institute a public, impartial 
enquiry into the events leading to the Ordinances and the necessity of superseding the 
ordinary courts of law and legislative machinery and the necessity of several acts com- 
mitted thereunder and thereafter. If a proper enquiry is set up and all facilities given 
to the Committee for the production of evidence, it will be prepared to* assist the enquiry 
by leading evidence before it. 

Conditions for Co-operation with Government 

"The Committee regards the Premier's declaration as wholly unsatisfactory and 
inadequate and, in the terms of the Congress demands, opines that nothing short of com- 
plete independence, carrying full control of defence, external affairs and finance with 
such safeguards as may be demonstrably necessary in the interest of the nation, can 
be regarded by the Congress as satisfactory. The Committee notes that the British 
Government was not prepared to regard the Congress at the Round Table Conference 
as entitled to speak on behalf of the nation as a whole. At the same 'time, the Com- 
mittee recognises with sorrow that communal harmony could not be attained at tKe 
said Conference. The Committee invites the nation, therefore, to make* ceaseless efforts 
to demonstrate the capacity of the Congress to represent the mation as a Whole and 
promote an atmosphere that would make the constitution, framed purely on a national 
basis, acceptable to the various communities composing the nation. Meanwhile, the 
Committee is prepared to , render co-operation to Government, provided the Viceroy 
reconsiders his Thursday's telegram to Mahatma Gandhi, adequate relief is granted in 
respect of the Ordinances, and its recent acts, a free scope is left to the! Congress in 
any future negotiations and consultations to prosecute the Congress claim for complete 



VICEROY'S SECOND REPLY 

The Private Secretary to the Viceroy sent the following telegram dated 
January 2, 1932 to Mahatma Gandhi informing that interview under the 
threat of civil disobedience was out of the question : 

"His Excellency desires me to acknowledge the recipt of your telegram of the 
1st lanuary, which has been considered by him and his Government. They much, regret 
to observe that under your advice the Working Committee of the Congress has passed 
resolutions, which involve the general revival of Civil Disobedience, unless certain con* 
ditions are satisfied, which are ; stated in< your telegram and the resolutions. They reggrd 
this attitude as the more deplorable in view of the declared intention of His Majesty's 
Government and the Government of India to expedite the policy! of constitutional reform* 
contained in the Prime Minister's statement. No Government, consistent with the 
discharge of their responsibility, cfctn be subject to conditions sought? to be 1 imposed under 
the menace of an unlawful action- by any political organisation, nor can the Government 
of India accept the position, implied in your telegram, that their policy should be depen- 
dent, on the judgment of yourself as to the necessity of measures, which Government 
have taken after the mo-st careful and thorough consideration of the facts and after 
all other possible remedies had been exhausted. 

"His Excellency and his Government can hardly believe that you, or the Working 
Committee, contemplate that His Excellency can invite you, with the hope of any advant- 
age, to an interview, held under tne threat of the resumption of Civil Disobedience, 
They must hold you land the Congress responsible for all consequences, that may ensue 
from the action, which the Congress have announced their intention of taking and to 
meet which Government will take all necessary measures." 



independence and administration of the country is carried on with popular represen- 
tatives pending the attainment of such independence. 

Termination of Delhi Pact 

11 In the absence of any satisfactory response from Government in the terms of 
the foregoing paragraph, the Working Committee will regard it as an indication on the 
part of the Government that it has reduced to nullity the Delhi Pact 

Resumption of Civil Disobedience 

" In the event of a satisfactory response not forthcoming, the Committee calls 
upon the nation to resume Civil Disobedience under the following conditions and illustra- 
tive heads: 

''No province or district or ' tdisil' or village is bound to take up Civil Disobe- 
dience, unless the people thereof understand the 1 non-violent nature of the struggle with 
atl its implications ami are ready to undergo suffering involving loss of life and property. 
Non-violence must be observed in thought, work and deed, in the face of the gravest 
provocation. 

" Social boycott with the intention of inflicting injury on Government officers, police 
or anti-nationalists should not be undertaken as it is wholly inconsistent with the spirit 
of non-violence. It should be borne in mind that non-violent campaigns are independent 
of pecuniary assistance and therefore there should be no hired volunteers, (bu^ their bare 
maintenance may be arranged). The maintenance of dependants of poor men and 
women who* might have been imprisoned or killed is permissible wherever it is possible. 
"Boycott of all foreign cloth, whether British or of other countries, is obligatory, 
under all circumstances. All Congressmen and women are expected to use handspun and 
handwoven Khaddar to the exclusion) of even all cloth manufactured in indigenous mills, 

" Picketing of liquor shops and foreigrt cloth shops should be vigorously conducted, 
chiefly by women, but always so as to ensure perfect non-violence. 

"Unlicensed manufacture and collection of salt should be resumed. If processions 
and demonstrations are organised, only those should join them who will stand lathi 
charges or bullets without moving from their respective places. Even in a non-violent 
war, the boycott of goods manufactured by an oppressor is perfectly lawful inasmuch 
as it, is never the duty of the victim to promote or retain commercial relations with; the 
oppressor. Therefore the boycott of British goods and British concerns should be 
resumed and vigorously prosecuted. 

"The civil breach of non-moral laws and of laws and orders injurious to the 



jit is considered possible and advisable may be practised. All import* 
ant orders issued under the Ordinances may civilly be disobeyed." 



O N d% *' " ; '"A tt 4 tf ;W W MO V 8 M B N T. ' . T 
GANDHIJI'S THIRD WIRE 

Mahatma Gandhi replied as follows to the Viceroy's telegram repudiat- 
ing all charges of threat 

"Thanks for your wire. I cannot help expressing deep regret for the decision of 
His Excellency and his Government. Surely, it 'is wrong to describe fcn honest expres- 
sion of opinion as a threat. May I. remind the Government that the Delhi negotiations 
were opened and carried on whilst Civil Disobedience was on and that when the Pact 
was made, civil resistance was not giveti up but only discontinued. This position was 
reasserted and accepted by; His Excellency and his Government in Simla last year prior 
to my departure for London. Although I had made it clear that under certain circum- 
stances the Congress might have to resume Civil Disobedience, the Government did not 
break off the negotiations. That it was made clear by the Government that Civil Dis* 
obedience carried with it the penalty for disobedience merely proves what the civil 
resistors bargain for, but does not in any way affect my argument. Had the Govern- 
ment resented the attitude, it was open to them not to send me to London, On the 
contrary, my departure had His Excellency's blessings. 

"Nor is it fair or correct to suggest that I have ever advanced the claim that any 
policy of the Government should be dependent on my judgment. But I do submit that 
any popular and constitutional government would always welcome and sympathetically 
consider the suggestions made by public bodies and their representatives and assist them 
with all available information about their Act? of Ordinances of which public opinion 
may disapprove. 

"I claim that my messages have no other meaning that what is suggested in the 
last paragraph. Time alone will show whose position was justified. Meanwhile, I wish 
to assure the Government that every endeavour will be made on the part of the Congress 
to carry on the struggle without malice and in a strictly non-violent manner. It was 
hardly necessary to remind me that the Congress and I. its bumble representative, are 
responsible for all the correspondences of our actions." 

GOVERNMENT STATEMENT ON THE SITUATION 

A statement issued from New Delhi on January 4, 1932 by the Gov- 
ernment placed before the public the issues raised by the intention of the 
Congress to launch a general campaign of civil disobedience. After describ- 
ing the march of events leading to the Delhi Settlement of March 5, 1931, 
the statement referred to an organised attempt to utilise the Settlement 
as a means of preparation for a further conflict and of adding to the prestige 
of the Congress by securing a position of privilege not enjoyed by any other 
organisation or by members of the general public. Continuing, the state- 
ment says: 
Government's Assurances 

His Majesty's Government and Parliament were committed to a scheme of consti- 
tutional Reform which had been accepted as reasonable bv the great majority of the dele- 
gates to the Round Table Conference. They had further given an undertaking that 
they would make every effort to overcome as quickly as possible the practical difficulties 
in the way of its immediate realisation and in pursuance of this they had set up the 
machinery by which some of those difficulties can be solved. The Government of India 
were pledged to assist and expedite the work by all means in 'their power. Mr. Gandhi 
had given no clear indication of whether he or the Congress whom he represented 
were willing to co-operate in the fulfilment of the scheme of His Majesty's Government. 
No Co-Operation Possible 

In the meantime the Congress had precipitated a conflict with Government in the 
United Provinces and in the North-West Frontier Province and proposals had been ini- 
tiated to start a campaign elsewhere for the boycott of British goods and institutions. 
The main issue before Government was whether Congress were prepared or not to CQ* 
operate in further constitutional discussions and it was essential to ascertain their attt- 
tu4e and that of Mr. Gandhi towards this fundamental question. It was plain that there 
could bd no co-operation in anv accepted sense of the term so long as activities in the 
United Provinces and the N. W. F. Province continued. It was also clear that thefe 
<:ould be no co-operation under a continuous menace of the renewal of Civil Disobedieaee. 
The telegram of Mr. Gandbi of the Ut of January and the resolutions of the Wortrffcg: 
Committee of Congress passed under his advice have left no doubt on, this 
issue. The Government of India have been asked to accept cOtumioite 
would make Mn Gandhi the arbiter of measures necessary for the 



262 T H P 3W D>IA N". ' V B C'0;* ,0 

of law and order and which w